Ml  ..y 


Univ.  of  111.  Library 

51. 

199 


Digitized  by 

the  Internet  Archive 

in  2015 

https://archive.org/details/lawsordinancesofOOcoho 


THE 


Laws  and  Ordinances 


—OF  THE— 


CITY  OF  COHOES, 


INCLUDING   THE    REVISED    CHARTER,  ACTS  OF 
THE  LEGISLATURE  RELATING  TO  THE  CITY 
OF  COHOES,  TOGETHER  WITH  CERTAIN 
GENERAL  STATUTES  AND  PARTS  OF 
STATUTES  OF  THE  STATE  OF  NEW 
YORK,  APPLICABLE  TO  SAID 
CITY,  BESIDES  OTHER 
USEFUL  MATTER 
PERTAINING  TO  ITS  GOVERNMENT. 


COMPILED,  ANNOTATED,  ARRANGED  AND  INDEXED  BY 

EDGAR  B.  NICHOLS,  COUNSELOR  AT  LAW. 


Published  by  Obder  of  the  Common  Council. 


COHOES,  N.  Y. 
R   S   Clark,  Printer  and  Publisher. 
1901. 


AUTHORITY  FOR 
COMPILATION  and  PUBLICATION. 


IN  COMMON  COUNCIL, 

April  16,  1901. 

By  Alderman  Clark  : 

Whereas,  Since  the  last  compilation,  in  1893,  of  the  laws  and  ordi- 
nances governing  this  city,  the  charter  of  said  city  and '  the  other  statutes 
included  in  said  compilation  have  been  amended  in  many  particulars,  and 
especially  as,  during  the  present  session  of  the  legislature,  several  important 
amendments  to  the  charter  have  been  and  will  be  enacted  ;  and 

Whereas,  Since  the  said  compilation,  a  number  of  ordinances  have 
been  passed  by  the  common  council,  which  are,  in  part,  additional  to,  and,  in 
part,  amendments,  revisions  or  repeals  of,  many  of  those  included  in  said 
compilation,  while  others,  relative  to  matters  not  embraced  in  the  provisions 
of  the  existing  ordinances,  are  required  by  present  conditions  ;  and 

Whereas,  The  many  changes  made  and  anticipated  in  the  laws  and 
ordinances  of  the  city,  to  which  reference  is  here  made,  renders,  and  will 
render,  the  present  compilation  thereof  not  only  practically  useless  to  all  who 
may  consult  it,  but  positively  misleading  to  the  average  person  untrained  in 
legal  matters  ;  therefore,  be  it 

Resolved,  That  the  committee  on  by-laws  cause  the  ordinances  passed  by 
the  common  council  to  be  revised  and  a  draft  made  of  such  additional  ordi- 
nances as  may  be  deemed  needful  and  proper  and  also  cause  the  charter  and 
several  statutes,  as  now  amended,  relating  to  the  government  of  the  city, 
including  amendments  by  the  present  session  of  the  legislature,  together 
with  said  ordidances  and  such  other  matter  pertaining  to  the  municipal 
government  as  may  be  useful  for  general  reference,  to  be  compiled,  anno- 
tated, and  alphabetically  and  properly  indexed,  at  a  cost  not  to  exceed  the 
sum  of  three  hundred  dollars  ($300.00)  ;  and  be  it  further 

Resolved,  That  the  printing  committee  cause  not  to  exceed  one  hun- 
dred (100)  copies  of  said  compilation  to  be  printed  at  a  price  not  to  exceed 
three  dollars  ($3.00)  each,  for  the  use  of  the  common  council  and  the  several 
departments  and  officers  of  said  city. 

Unanimously  adopted. 

A  true  copy  of  the  original  record. 

WILLIAM  J.  ELLIOT, 

City  Clerk  and  Clerk  of  the  Common  Council. 


IN  COMMON  COUNCIL, 

August  6,  1901. 

Alderman  Smith  of  the  printing  committee  reported  that  the  contract 
for  printing  the  compilation  of  the  laws  and  ordinances  of  the  city  had  been 
awarded  by  his  committee  to  R.  S.  Clark,  whose  bid  for  the  same  was  the 
lowest  received,  to  wit  :  eighty-eight  cents  per  page. 

He  further  reported  that  it  was  possible  that  the  contract  price  would 
exceed  the  appropriation,  it  being  dependent  on  the  number  of  pages,  and 
asked  that,  in  that  event,  the  deficiency  be  met. 

Report  of  the  printing  committee  accepted  and  its  action  confirmed  and 
the  printing  of  the  proposed  compilation  of  the  laws  and  ordinances  of  the 
city  authorized  at  eighty-eight  cents  per  page. 

A  true  copy  of  the  original  record. 

WILLIAM  J.  ELLIOT, 

City  Clerk  and  Clerk  of  the  Common  Council. 


The  following  are  the  final  reports  of  the  committees  of  the  common 
council  having  in  charge  the  preparation  and  publication  of  this  compilation  : 

To  the  Honorable  the  common  council  of  the  city  of  Oohoes  : 

Gentlemen — Your  committee  on  by-laws,  which,  by  resolution  of  this 
body,  passed  April  16,  1901,  was  authorized  and  directed  to  cause  to  be  re- 
vised the  ordinances  of  said  city  and  to  have  the  city  charter  and  statutes 
relating  to  the  government  of  said  city,  together  with  said  ordinances,  when 
passed,  compiled,  annotated  and  indexed,  would  respectfully  report  that  your 
committee  employed  therefor  Edgar  B.  Nichols,  counselor  at  law,  who  has 
performed  the  work  in  accordance  with  said  resolution. 
Dated  Cohoes,  N.  Y.,  January  21,  1902. 

Yours  respectfully, 

GEORGE  H.  CARROLL, 
EDMUND  A.  BERNARD, 
WILLIAM  FELLOWS, 
PARKER  G.  TYMERSON, 
WILLIAM  A.  STANTON, 

Committee  on  By-Laws. 

To  the  common  council  of  the  city  of  Cohoes  : 

Gentlemen— Your  committee  on  printing,  which  was  authorized  and 
directed  by  your  resolution  heretofore  passed,  to  have  printed  a  compilation 
of  the  laws  and  ordinances  of  the  city  of  Cohoes,  would  respectfully  report 
that  the  contract  for  said  work  was  let  by  your  said  committee  to  R.  S. 
Clark,  printer,  who  has  completed  the  same  in  a  creditable  and  satisfactory 
manner. 

Dated  Cohoes,  N.  Y.,  January  21,  1902. 

Respectfully  submitted, 

ARTHUR  E.  SMITH, 
JAMES  H.  DARROW, 
WILLIAM  B.  CLARK, 
GEORGE  H.  CARROLL, 
JOHN  H.  McLEAN, 

Com?nittee  on  Printing. 


CONTENTS. 


REVISED  CHARTER. 


TITLE  I. 

Boundaries  of  city  and  wards   1 

TITLE  II. 

Corporate  name  and  powers   6 

TITLE  III. 

Election  of  officers   6 

TITLE  IV. 

The  common  council  „   11 

TITLE  V. 

OF  OFFICERS  : 

Elective  officers   28 

Appointive  officers   39 

Miscellaneous  provisions  relating  to  officers   63 

TITLE  VI. 

Public  instruction   70 

TITLE  VII. 

POLICE  GOVERNMENT  : 

The  board  of  police  commissioners   90 

The  police  force   97 

TITLE  VIII. 

Water  supply   108 

TITLE  IX. 

The  tire  department   119 

TITLE  X. 

Assessment  and  collection  of  taxes.  .   130 


Contents. 
TITLE  XL 

LOCAL  IMPROVEMENTS  : 

Streets  and  high  ways   146 

Construction  of  sewers   162 

TITLE  XII. 

Claims  and  demands  against  the  city   166 

TITLE  XIIL 

Miscellaneous  provisions  >   168 


LOCAL  AND  GENERAL  STATUTES, 

APPLICABLE  TO  THE  CITY  OF  COHOES. 


Liability  of  the  city  for  negligence;  chap.  183, 
laws  of  1881   172 

Settlement  and  collection  of  taxes ;  chap.  696, 
laws  of  1900   174 

Appointment  of  assistant  district  attorney,  resi- 
dent in  Cohoes;  chap.  883,  laws  of  1896   184 

Public  improvement  act,  as  amended ;  chap.  227, 
laws  of  1898    185 

Public  health  law,  as  amended;  chap.  661,  laws 
of  1893   211 

The  general  city  law,  as  amended  ;  chap.  327,  laws 
of  1900   227 

The  general  municipal  law,  as  amended;  chap. 
685,  laws  of  1892   251 

The  public  officers  law,  as  amended;  chap.  681, 
laws  of  1892   260 

The  civil  service  law,  as  amended;  chap.  370, 
laws  of  1899   273 


Contents. 

Acts  relating  to  the  Cohoes  hospital;  chap.  260, 
laws  of  1891;  chap.  51,  laws  of  1896;  chap. 
513  laws  of  1898,  and  chap.  295,  laws  of  1901.  297 

Act  for  the  relief  of  the  board  of  education  of  the 


city  of  Cohoes;  chap.  289,  laws  of  1901   304 

Act  changing  time  of  annual  meeting,  etc.,  (in 
part),  chap.  625,  laws  of  1901,  (§§  10-12). .....  307 


ORDINANCES,  RULES,  ETC. 


Ordinances  of  the  common  council  _  306 

Sanitary  ordinances  of  the  board  of  health   343 

Rules,  orders  and  regulations  of  the  board  of 

police  commissioners   357 

Water  rates,  rules  and  regulations  of  the  board  of 

water  commissioners   361 

General  rules  of  the  board  of  tire  commissioners.  367 

Fire  limits   373 

List  of  fire  alarm  boxes   374 

Rules  and  regulations  of  the  board  of  health   375 

Rules  of  the  examining  board  of  plumbers.  .  381 

History  of  local  legislation   ....  396 

Lighting  of  streets   405 

Street  cleaning  and  repairing   411 

Municipal  tim  e  table   412 

General  index   41 5 


The  Charter  of  the  City  of  Cohoes. 


CHAPTER  671,  LAWS  OF  1892. 

An  Act  to  revise,  consolidate  and  amend  the  several 
acts  relating  to  the  government  of  the  city  of 
Cohoes. 

Approved  by  the  Governor  May  18,1892.    Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

TITLE  I. 

Section  1.  The  territory  within  the  following  limits  Boundari, 
shall  continue  to  be  and  constitute  the  city  of  Cohoes  : of  lhecil> 
Commencing  at  a  point  in  the  center  of  the  south 
branch  of  the  Mohawk  river,  in  the  bounds  of  the 
town  of  Watervliet,  in  the  county  of  Albany,  immedi-' 
ately  east  of  the  south  line  of  the  farm  owned  May 
nineteenth,  eighteen  hundred  and  sixty-nine,  by  Cor- 
nelius L.  Tracy  and  Sarah  M.  Gould,  running  thence 
westerly  along  the  said  line  to  the  center  of  the  Erie 
canal ;  thence  northerly  along  the  center  of  said  • 
canal  to  the  north  line  of  said  farm ;  thence  westerly 
along  said  north  line  to  the  west  bounds  of  said  farm ; 
thence  in  a  direct  line  to  the  west  line  of  the  highway 
near  the  residence,  in  eighteen  hundred  and  sixty-nine, 
of  Francis  T.  Lansing,  now  deceased,  in  said  town,  at 
a  point  immediately  west  of  the  center  of  the  bridge 
over  the  Sout-kill  or  Salt-kill,  at  that  point;  thence 
northerly  along  the  west  line  of  said  highway  to  its 
intersection  with  the  highway  leading  from  Cohoes 
falls  to  the  Bought  ;*  thence  northerly  along  said  line 
extended  until  it  strikes  the  boundary  line  between 


*  So  in  the  original. 


2  Laws  of  the  City  of  Cohoes.       [Title  I. 

the  farms,  owned  May  nineteenth ,  eighteen  hundred 
and  sixty-nine,  by  Isaac  D.  F.  Lansing  and  Sarah 
Miller,  both  now  deceased ;  thence  along  said  bound 
ary  line  northeasterly  to  the  easterly  line  of  the 
Erie  canal;  thence  northerly  along  said  line  of  the 
Erie  canal  to  a  point  where  it  strikes  the  line  between 
the  lands  of  the  Cohoes  Company  and  the  lands 
owned  as  aforesaid  by  said  Isaac  D.  F.  Lansing; 
thence  northeasterly  along  said  last  mentioned  line  in 
a  direct  line  to  the  boundary  line  between  the  counties 
of  Albany  and  Saratoga,  in  the  Mohawk  river ;  thence 
easterly  along  the  said  boundary  line  between  the 
counties  of  Albany  and  Saratoga,  to  the  boundary 
line  between  the  counties  of  Albany  and  Rensselaer, 
in  the  Hudson  river ;  thence  southerly  along  said  last 
mentioned  line  to  a  point  in  the  Hudson  river,  east  of 
the  mouth  of  the  middle  sprout  of  the  south  branch 
of  the  Mohawk  river;    thence  westerly  along  the 
center  line  of  said  middle  sprout  to  the  center  of  said 
south  branch;  thence  southerly  along  the  center  of 
•the  same  to  the  place  of  beginning;  being  the  limits 
of  said  city,  as  heretofore  existing. 

wards.  §  2.  The  city  shall  be  divided  into  six  wards,  as 
follows : 

FIRST  WARD. 

Boundaries  All  that  part  of  the  citv  included  within  the  follow- 
ed r1  irst  1  v 

ward.  jng  iines?  to  wit:  Commencing  at  a  point  in  the  Mo- 
hawk river,  where  the  center  line  of  Vliet  street 
extended  intersects  the  boundary  line  of  the  city; 
thence  westerly  along  said  line  and  the  center  line  of 
Vliet  street  to  its  intersection  with  the  Erie  canal; 
thence  southerly  along  the  center  of  said  canal  to  the 
center  line  of  New  comb  street,  extended  westerly  to 
the  center  of  the  lands  of  the  New  York  Central  and 
Hudson  river  railroad  company;  thence  westerly  along- 
said  line  to  the  center  of  said  railroad  company's 
lands ;  thence  northerly  and  westerly  along  the  center 


[Title  I.  Revised  Charter.  3 

line  of  said  railroad  company's  land  to  its  intersection 
with  the  northerly  boundary  line  of  said  city ;  thence 
northerly  and  easterly  along  the  boundary  line  of  the 
city  to  the  place  of  beginning  shall  comprise  the  first 
ward. 

SECOND  WARD. 

All  that  portion  of  the  city  comprised  within  the  boundaries 
following  lines,  to  wit :  Commencing  at  a  point  in  thewar^°n 
Mohawk  river  where  the  line  of  Vliet  street  extended 
intersects  the  boundary  line  of  the  city ;  thence  east- 
erly and  southerly  along  said  boundary  line  and  the 
center  of  the  south  branch  of  said  river  as  it  flows 
easterly  of  Simmons'  island  to  a  point  directly  east  of 
the  south  end  of  said  island ;  then  westerly  to  the  south 
end  of  said  island ;  thence  in  a  direct  line  to  the  point 
of  intersection  of  the  center  of  Pine  street  with  the  center 
of  the  Champlain  canal;  thence  westerly  along  the 
center  of  Pine  street  to  its  intersection  with  the  center 
of  Mohawk  street ;  thence  northerly  along  the  center 
line  of  Mohawk  street  to  its  intersection  with  the 
center  line  of  Newcomb  street;  thence  westerly  along 
the  said  center  line  of  Newcomb  street  and  the  same 
extended  in  a  direct  line  to  its  intersection  with  the 
center  of  the  Erie  canal;  thence  northerly  along  the 
center  of  said  canal  to  the  center  of  Yliet  street,  thence 
easterly  along  Yliet  street  and  the  line  of  Vliet  street 
extended  to  the  place  of  beginning  shall  comprise  the 
second  ward . 

THIRD  WARD. 

All  that  part  of  the  city  comprised  within  the  follow-  Boundaries 
ing  lines,  to  wit :  Commencing  at  a  point  in  the  center  ward-ird 
of  the  south  branch  of  the  Mohawk  river,  directly  east 
of  the  south  end  of  Simmons'  island  ;  thence  southerly 
along  the  center  of  said  south  branch  to  a  point  where 
the  center  line  of  Cedar  street  extended  easterly  inter- 
sects the  same ;  thence  westerly  along  said  line  and  the 
center  of  Cedar  street  to  the  center  of  Saratoga  street ; 


4  Laws  of  the  City  of  Cohofs.       Title  I.] 

thence  southerly  along  the  center  line  of  Saratoga  street 
to  its  intersection  with  the  center  line  of  Mohawk 
street;  thence  northerly  and  westerly  along  the  center 
line  of  Mohawk  street  to  its  intersection  with  the 
center  line  of  Columbia  street ;  thence  westerly  along 
the  center  line  of  Columbia  street  to  the  center  line  of 
the  Erie  canal ;  thence  northerly  along  the  center  line 
of  said  Erie  canal  to  its  intersection  with  center  line 
of  Newcomb  street,  extended  in  a  direct  line  to  the 
center  line  of  the  New  York  Central  and  Hudson  river 
railroad ;  thence  easterly  along  said  line  of  Newcomb 
street  and  the  southerly  boundary  line  of  the  second 
ward  of  said  city,  as  hereinbefore  defined,  to  the  place 
of  beginning,  shall  comprise  the  third  ward. 

FOURTH  WARD. 

Boundaries     All  that  part  of  the  citv  comprised  within  the 

of  Fourth  1  x 

ward.  following  lines,  to  wit :  Commencing  at  a  point  in  the 
westerly  bounds  of  the  city  where  the  center  line  of 
Columbia  street  produced  westerly  would  intersect  the 
same ;  and  running  thence  easterly  along  the  center 
line  of  Columbia  street  to  the  center  line  of  Mohawk 
street  ;  thence  southerly  and  easterly  along  the  center 
line  of  Mohawk  street  to  its  intersection  with  the 
center  line  of  Saratoga  street ;  thence  along  the  center 
line  of  Saratoga  street  to  its  intersection  with  the 
.  center  line  of  Cedar  street;  then  easterly  along  the 
center  line  of  Cedar  street  and  the  same  extended 
easterly  to  the  intersection  th  ereof  with  the  center  line 
of  the  south  branch  of  the  Mohawk  river;  thence 
along  said  last  mentioned  center  line  of  said  south 
branch  of  the  Mohawk  river  to  its  point  of  intersection 
with  the  boundary  line  of  said  city  near  Dyke  avenue ; 
thence  in  a  southerly  direction  along  said  boundary 
line  to  its  point  of  intersection  with  the  southerly 
boundary  line  of  said  city ;  thence  along  said  last 
mentioned  line  to  the  westerly  boundary  line  of  said 
city;  thence  along  said  last  mentioned  line  to  the  place 
of  beginning,  shall  comprise  the  fourth  ward. 


[Title  I. 


Revised  Charter. 


FIFTH  WARD. 

All  that  part  of  the  city  included  within  the  follow-  JfJ 
ing  lines,  to  wit:  Commencing  at  a  point  where  theward 
center  line  of  the  Erie  canal  intersects  the  center  line 
of  Columbia  street  ;  running  thence  northerly  along 
the  center  line  'of  the  Erie  canal  to  a  point  where 
it  intersects  the  center  line  of  New  com  b  street  extended 
in  a  direct  line  to  the  center  of  said  canal ;  thence 
westerly  in  the  direct  line  of  Newcomb  street  extended 
to  the  center  line  of  the  lands  of  the  New  York  Central 
and  Hudson  river  railroad  company ;  thence  northerly 
along  the  center  line  of  said  lands  to  its  point  of  inter- 
section with  northerly  boundary  line  of  said  city ; 
thence  westerly  and  southerly  along  the  northerly  and 
westerly  boundary  lines  of  said  city  to  their  point  of 
intersection  with  the  center  line  of  the  Boght  road 
(now  called  Manor  avenue);  thence  southerly  along 
the  westerly  boundary  line  of  said  city  to  the  center 
line  of  Columbia  street;  thence  easterly  along  the 
center  line  of  Columbia  street  to  the  place  of  begin- 
ning, shall  comprise  the  fifth  ward. 

SIXTH  WARD. 

All  that  part  of  the  city  comprised  within  the  follow-  Joundar 
ing  lines  to  wit :  Commencing  at  a  point  in  the  center  ward 
line  of  that  portion  of  the  south  branch  of  the  Mohawk 
river  flowing  between  Simmons'  island  and  Van 
Schaick's  island  where  the  same  is  intersected  by  the 
center  line  of  Ontario  street  ;  running  thence  in  a 
northeasterly  direction  along  the  center  portion  of 
said  south  branch  of  said  Mohawk  river  to  the  northern 
boundary  line  of  said  city;  thence  along  said  last 
mentioned  line  to  the  easterly  boundary  line  of  said 
city ;  thence  southerly  along  said  last-mentioned  line 
to  a  point  in  the  Hudson  river  east  of  the  mouth  of 
the  middle  sprout  of  the  south  branch  of  the  Mohawk 
river;  thence  westerly  along  the  center  line  of  said 
middle  sprout  to  the  center  of  said  south  branch; 


6  Laws  of  the  City  of  Cohoes.    [Title  II. 

thence  northerly  and  westerly  along  the  center  of  the 
said  south  branch  to  the  place  of  beginning,  shall 
comprise  the  sixth  ward. 

(As  amended  by  §  1,  Chapter  48,  Laws  of  1895.) 
TITLE  II. 

CORPORATE  NAME  AND  POWERS. 

Section  1.  The  citizens  of  this  state,  who  may  from 

Corporate 

name  and  time  to  time  reside  in  said  uity,  shall  be  a  municipal 

powers.  ^  ' 

corporation  in  perpetuity  under  the  name  of  the  "  City 
of  Cohoes. ' '  The  said  corporation  may  .take,  purchase, 
hold  and  convey  real  and  personal  property.  It  may 
take  by  gift,  grant,  bequest  and  devise,  and  hold  real 
and  personal  estate  in  trust  for  any  purpose  of  educa- 
tion, art,  health,  charity  or  amusement;  for  parks, 
gardens  and  grounds  for  the  burial  of  the  dead,  or 
other  public  use,  and  for  the  erection  of  statues, 
monuments  and  public  buildings,  upon  such  terms  as 
may  be  prescribed  by  the  grantor  or  donor  and  ac- 
cepted by  said  corporation;  and  it  may  provide  for 
the  proper  execution  of  such  trusts.  It  may  sue  and 
be  sued,  complain  and  defend  in  any  court  of  law 
or  equity;  it  may  adopt  and  use  a  common  seal  and 
alter  the  same  at  pleasure ;  and  it  may  do  everything 
necessary  to  carry  into  effect  the  powers  granted  to  it. 

TITLE  III. 

ELECTION  OF  OFFICERS. 

Section  1.  The  electors  of  the  city  shall  elect  a 
city  officers  mayor,  two  police  commissioners,  three  assessors  and 
two  justices  of  the  peace,  who  shall  be  designated 
city  officers. 

§  2.  The  electors  of  each  ward  shall  elect  two  alder- 
ward  ofii-  men,  one  supervisor  and  one  constable  who  shall  be 
designated  ward  officers. 

(As  amended  by  §  14,  chapter  298,  laws  of  1901.) 
District  offi-    §  3   The  electors  of  each  election  district  shall 
elect   two   inspectors   of   election,   who,    with  the 


cers 


cers 


Title  III.]  Revised  Charter.  7 

inspectors  to  be  appointed  as  provided  in  section 
eighteen  of  title  five  of  this  act,  shall  be  designated 
district  officers. 

Notr  —Abrogated  by  the  election  law.    See  §§  11  and  12,  Chapter  909,  Laws  of 
1896,  as  amended  by  Chapter  95,  Laws  of  1901. 

§  4.  The  existing  election  districts  in  said  city,  Election 

"  "  '  districts. 

until  changed  by  the  common  council,  shall  be  and 
constitute  the  election  districts  for  the  holding  of  all 
general  and  special  elections  and  all  elections  of  city, 
ward  and  district  officers,  who  are  elective  by  the 
people.  The  common  council  shall  have  power,  and  Redistnct- 
it  shall  be  its  duty,  from  time  to  time,  as  may  be  ex-  ^.s  into 

'  J  election  dis- 

pedient  and  necessary,  to  redistrict-tbe  several  wards tricts- 
of  the  city  into  convenient  election  districts  for  hold- 
ing said  elections.  The  general  provisions  of  law 
relative  to  the  formation  and  division  of  wards  in 
cities  into  election  districts  shall  apply  to  wards  in 
said  city. 

Note  :  -For  the  law  relative  to  the  creation,  division  and  alteration  of  wards,  see 
§  8  of  the  election  law  (Chapter  909,  Laws  of  1896,)  as  amended  by  Chapter  95,  laws 
of  1901. 

§  5.  An  election,  which  shall  be  known  as  the  Annual 
''annual  election,"  shall  be  held  in  each  of  the  elec- election 
lion  districts  of  said  city  on  the  Tuesday  next  succeed- 
ing the  first  Monday  of  November  in  each  year,  for 
the  election,  as  herein  provided,  of  the  officers  elective 
under  this  act. 

(As  amended  by  §  1,  Chapter  252,  Laws  of  1895.) 

§  6.  The  common  council  shall,  on  or  before  the  polling 
second  Tuesday  in  March  in  each  year,  designate,  desgnateS" 
for  each  election  district,  the  polling  place  of  said 
election  and  of  each  election  that  may  be  held  therein 
during  the  ensuing  year,  which  said  polling  place 
shall  also  be  the  place  for  holding  the  several  meet- 
ings of  the  board  of  registry  for  the  registration  of 
voters  therein ;  and  shall  afterward  and  prior  to  the 
first  meeting  of  the  board  of  registry  for  the  regis- 
tration of  voters  for  any  such  election,  and  as  often 


8  Laws  of  the  City  of  Cohoes.    [Title  III. 

SeSonto  thereafter  as  it  shall  deem  expedient,  publish  in  the 
edandblish"offi('ial  at  least  one  other  newspaper  printed  in 
posLed-  said  city,  a  notice  of  the  time  and  several  places  of 
the  meetings  of  the  board  of  registry  and  of  the  time 
of  said  election.  Except  as  otherwise  provided,  it 
inspectors  shall  be  the  dutv  of  the  city  clerk,  at  least  five  days 

to  be  noti-  ;  " 

fied.  prior  to  the  first  meeting  of  the  boards  of  registry  for 
the  registration  of  voters  for  any  such  election  to 
give  written  or  printed  notice,  through  the  post-office 
in  said  city,  to  the  inspectors  of  election  of  the  several 
election  districts,  of  the  polling  places  in  their  respec- 
tive districts,  of  the  time  of  holding  each  meeting 
of  the  board  of  registry  prior  to  said  election  and  of 
the  time  of  holding  said  election. 

(As  amended  by  §  1,  Chapter  604,  Laws  of  1893.) 

Note  :— First  Tuesday  in  September  fixed  as  time  for  designating  polling  places  by 
the  election  law,  (Chapter  909  Laws  of  1895).  See  §  10  of  said  chapter,  as  amended 
by  chapter  95,  laws  of  1901. 


Duties  of 
inspectors 


§  7.  The  inspectors   of   election  shall  thereupon 

inspectors  °  ^  -.     ,  . 

in  reference  proceed  in  reference  to  said  election  and  the  registra- 

to  election. 

tion  of  voters  therefor  as  provided  by  the  general  laws 
SSSngand  of  this  state  in  relation  to  public  elections.    The  polls 
po0otngof  shall  be  opened  at  seven  o'clock  in  the  morning  on 
the  day  of  said  election  and  remain  open  till  five 
o'clock  in  the  afternoon  of  the  same  day. 

(As  amended  by  §  2,  Chapter  604,  Laws  of  1893.) 

Note      The  polls  are  required,  by  the  election  law  (§  3)  to  be  open  at  six  a.  m.  and 
to  close  at  five  p.  m. 

who  end-      ft  g.  Everv  inhabitant  of  said  city,  who  shall,  at 

tied  to  vote.       C  J 

the  time  and  place  of  offering  his  vote,  be  qualified  to 
vote  for  member  of  assembly,  shall  be  entitled  to  vote 
for  all  officers  to  be  voted  for,  by  virtue  of  this  act,  in 
the  election  district  where  such  inhabitants  shall  be 
so  qualified. 

™u™er  °f  §  9-  Tne  electors  shall  vote  by  ballot  in  the  man- 
ner prescribed  by  the  provisions  of  the  election  law ; 
and  the  ballot  shall  be  a  paper  ticket,  conforming  to 


[Title  Iir.  Revised  Charter. 

the  requirements  of  said  chapter,  its  amendments  and 
additions. 

(As  amended  by  §  3,  Chapter  604,  Laws  of  1893.) 

§  10.  After  the  polls  of  any  such  election  shall  have  inspectors 
closed  the  inspector's  holding  the  election  in  each  elec- 
tion district  shall,  immediately  thereafter  and  without 
adjournment,  canvass  the  votes  cast  at  such  election  in 
the  manner  provided  by  law  in  the  case  of  general 
elections.  After  thus  canvassing  the  votes  they  shall 
make  a  statement  in  writing  certifying  the  nnmber  of 


to  canvass 
votes. 


Also  to 
make  and 
:r  cer- 

votes  cast  at  such  election  for  each  person  voted  f or  to 


clerk. 


council. 


irnon 


thereat  for  the  respective  city,  ward  and  district 
officers,  which  said  statement  shall  be  signed  by  the 
said  inspectors  or  by  a  majority  of  them,  and  shall 
immediately  thereafter  be  delivered  by  them  to  the 
city  clerk. 

§  11.  The  city  clerk  shall  present  the  several  state-  a^ to 
merits  and  certificates,  so  delivered  to  him    to  th P  tilcIS toer 

'  v  common 

common  council  at  a  meeting  thereof  to  be  held  on 
the  first  Tuesday  after  said  annual  election.  Upon 
such  statements  and  certificates,  the  common  council  com 
shall  proceed,  as  a  board  of  canvassers,  to  determine  canvass 
what  person  or  persons  has  or  have,  by  the  greatest  ^T"' 
number  of  votes,  been  duly  elected  to  each  of  the 
offices  mentioned   in   each  statement.    The  person  yho  are  to 

i  be  declared 

receiving  the  greatest  number  of  votes  for  each  saidelected- 
office  shall  be  declared  duly  elected  thereto ;  and  the 
common  council  shall  thereupon  make  duplicate  state- common 
ments   in   writing   of  its  determination,  certif vinsr ^edupii 

+i         i         ,i  '  >  J  cate  state- 

mereoy  the  whole  number  of  votes  given  in  each 
ward  and  district  for  each  office  to  be  filled,  the 
names  of  the  candidates  and  the  number  of  votes 
given  to  each,  which  said  duplicate  statements  shall 

Same  to  be 

be  subscribed  by  the  common  council,  or  a  majority  ^smeded 
thereof,  and  be  delivered  to  the  city  clerk,  who  shall 
file  one  of  said  statements  in  his  office  and  enter  the 
same  in  the  book  of  record  of  proceedings  of  the  com- 


cate  state- 
ments of  its 
determina- 
tion. 


I 


10  Laws  of  the  City  of  Cohoes.    [Title  III. 

mon  council,  and  within  ten  days  thereafter  he  shall 
hie  the  other  said  statement  in  the  office  of  the  clerk 
cierk  to  no- 0f  the  county  of  Albany.    Within  ten  days  after 

tify  each  ^ 

eieerct°ed  receiving  said  statement,  the  city  clerk  shall  serve  a 
written  notice  of  election  upon  each  person  declared 
elected  to  any  office.  Such  service  shall  be  made 
personally,  or  by  leaving  said  notice  at  the  place  of 
residence  of  the  person  to  be  notified,  where  he  will 
be  likely  to  receive  the  same. 

(As  amended  by  §  2,  Chapter  252,  Laws  of  1895.) 

Note: -On  the  construction  of  this  section,  see  People  ex  rel.  Conliss  vs.  North, 
72  N.  Y.,  124. 

special        §  12.  If  at  any  annual  election,  the  mayor,  a  police 

election  in  .  ,  , 

case  of  twocommissjoner  an  assessor,  a  justice  ot  the  peace,  an 

or  more  . »  , 

candidates  aicier:man  or  a  supervisor  shall  not  have  been  chosen 

lor  certain 

fnlrecewed  by  reason  of  two  or  more  candidates  having  received 
nunXrof  an  equal  number  of  votes  for  the  same  office,  a  special 
votes'       election,  to  be  held  in  said  city  or  in  any  ward  thereof, 
as  the  case  may  require,  shall  within  five  days  after 
the  canvass  of  the  votes  of  said  election,  as  provided 
in  the  last  section  be  ordered  by  the  common  council, 
to  be  held  on  a  day  named  by  it,  not  more  than  forty 
days  after  said  order.    The  provisions  of  this  act  in 
respect  to  the  annual  election,  as  far  as  may  be,  shall 
be  applicable  to  such  special  election.    The  common 
council  shall  meet  for  the  purpose  of  declaring  the 
result  of  said  election  on  the  Tuesday  next  after  the 
Provision  in  eiec^jon     jn  case  any  other  elective  officer  than  those 

other  cases.  •-.-»/ 

above  specified  in  this  section  shall  not  for  said  reason 
have  been  chosen,  the  common  council,  which  shall 
be  organized  next  after  said  annual  election,  shall, 
by  a  vote  of  a  majority  of  all  those  elected  thereto, 
proceed  upon  their  organization,  to  elect  as  such 
officer  one  of  the  persons  receiving  the  highest  num- 
ber of  votes,  at  the  annual  election,  as  such  officer. 
(As  amended  by  §  4,  Chapter  604,  Laws  of  1893.) 
First  eiec-     ft  13.  There  shall  be  elected  in  and  for  the  sixth 

tion  of  offi-       v  m  m 

ward  of  said  city  at  the  annual  election  held  m  said 


cersin  Sixth 
ward. 


Title  IV.  Revised  Charter.  U 

city  in  the  year  eighteen  hundred  and  ninety-five,  one 
supervisor  who  shall  hold  office  for  the  term  pre- 
scribed by  law,  two  aldermen,  two  school  commis- 
sioners and  one  constable,  and  at  each  annual  election 
in  said  city  thereafter  there  shall  be  elected  all  the 
ward  and  district  officers  provided  for  in  this  act  with 
all  the  powers  prescribed  both  by  law  and  by  this  act. 
One  alderman  and  one  school  commissioner  elected  at  Terms  of 
said  first  annual  election  shall  hold  their  respective  °edC£sfirsetc" 

m  n  -„  "  election. 

offices  for  one  year  after  election,  and  one  alderman 
and  one  school  commissioner,  so  elected  at  such  elec- 
tion shall  hold  their  offices  for  two  years  after  such 
election.  Each  elector  shall  designate  on  his  ballot  to  Terms  to 
be  cast  at  such  first  annual  election,  one  person  to  nated'Tn 
serve  as  alderman  and  one  person  to  serve  as  school 
commissioner  for  one  year,  and  one  person  to  serve  as 
alderman  and  one  person  to  serve  as  school  commis- 
sioner for  two  years ;  but  no  ballot  shall  be  counted 
where  it  shall  contain  the  names  of  more  than  two 
persons  for  aldermen  and  two  persons  for  school  com- 
missioners. All  the  provisions  of  this  act  shall  apply 
to  such  first  and  subsequent  elections  except  as  herein 
otherwise  provided. 

(Added  by  §  2,  Chapter  48,  Laws  of  1895.) 
TITLE  IV. 

THE  COMMON  COUNCIL. 

Section  1.  The  common  council  shall  be  composed  p™a  com" 
of  the  mayor  and  aldermen.    It  shall  hold  a  meeting  ^ 
to  be  known  as  the  "annual  meeting, "  in  the  common  Annual 
council  chamber  or  at  such  place  as  the  mayor  may meetmg* 
designate,  on  the  first  Tuesday  after  the  first  Monday 
in  January  in  each  year.    It  shall  also  hold  regular  Reguiar 
meetings  at  least  once  in  each  month  ;  and  the  mayor,  meetings- 
or,  in  his  absence,  any  three  aldermen,  may  call  a  special 
special  meeting  by  notice  thereof  in  writing  to  bemeeting" 
served  personally,  or  by  leaving  the  same  at  their 


12  Laws  of  the  City  of  Cohoes.    [Title  IV, 

how  called,  respective  places  of  residence,  on  all  other  members  of 

the  common  council,  at  least  six  hours  before  such 

meeting. 

(As  amended  by  §  1,  Chapter  625,  Laws  of  1901.) 
Mayor  to       g  2   The  mayor,  when  present,  shall  preside  at  all 

preside  «  J       1  L 

Jntn  when  meetings  of  the  common  council,  and,  in  his  absence, 
aie^nto one  of  the  aldermen  shall  be  called  to  the  chair  and 
preside     shall  continue  the  presiding  officer,  with  the  privilege 
of  voting,  as  an  alderman,  at  all  meetings  of  the  com- 
mon council  until  the  mayor  shall  again  be  present,  or 
until  the  designation  specified  in  section  live  of  title 
five  shall  have  been  made.    Such  alderman,  while 
£°^sa°fso  presiding,  shall  possess  all  the  powers  and  privileges 
presiding.  Q£       niay0r  as  presiding  officer,  except  the  power  of 
the  casting-vote  and  of  vetoing  measures  passed  by 
the  council. 


Who  enti- 
tled to  vote 
in  common 
council. 


§  3.  In  the  proceedings  of  the  common  council  each 
member  present  may  tote,  except  that  the  mayor  when 
presiding  shall  not  vote,  unless  the  votes  of  the  other 
members  are  tied,  but  no  person  whose  election  as  an 
alderman  shall  be  contested  shall  be  entitled  to  vote 
on  any  question  connected  with  such  contest. 

sitting  to    §  4.  The  sittings  of  the  common  council  shall  be 
bepubiic   pub]iCj  except  when  public   interest   shall,  in  its 
opinion,  require  secrecy.    The  minutes  of  its  proceed- 
ings shall  be  open. at  all  times  to  public  inspection. 

Quorum.       §  5.  A  quorum  shall  consist  of  a  majority  of  the 
common  council  exclusive  of  the  mayor,  but  less  than 
a  quorum  may  adjourn  from  time  to  time,  and  compel 
vj^reqm-^g  attendance  of  absent  members.    No  tax  or  assess- 
isSiHtas"nient  shall  be  ordered  except  by  the  concurring  vote 
in  common  council  of  two-thirds  of  all  the  aldermen 
approve0   in  office;  and  no  tax  levy,  assessment,  order,  resolu- 
measiTrebe-tion  or  ordinance  shall  take  effect  until  after  the  same 
SLe'eXct  shall  have  been  approved  in  writing  by  the  mayor, 
except  as  herein  otherwise  provided. 


[Title  IV.  Revised  Charter.  13 

§  6.  The  common  council  shall  determine  the  rules  Comm?n 

council  to 

of  its  own  proceedings  ;  be  judge  of  the  election  and  ftfreur^ne 
qualification  of  its  members  except  the  mayor ;  have  Sic?, of 
power  to  compel  the  attendance  of  absent  members ;  Slower 
prescribe"  the  powers  and  duties  of  ail  officers  ap-  StSncV 

etc 

pointed  by  it,  subject  to  the  provisions  of  this  act; 
and  have  power  to  remove  ail  officers  and  persons 
appointed  by  it  for  any  neglect  of  duties  or  miscon- 
duct, and  to  revoke  any  license  given  under  this  act. 

§  7.  The  common  council  shall  exercise  all  the  cor-  Powers  of 

I  common 

porate  powers  conferred  by  this  act,  unless  otherwise council- 
provided ;  and,  unless  otherwise  provided,  it  shall 
have  the  control  and  management  of  the  property, 
real  and  personal,  belonging  to  the  corporation,  and 
no  debt  or  liability  which  may  become  a  charge 
against  said  city  or  corporation  shall  be  created  or 
contracted  except  by  authority  of  said  common 
council,  except  as  specially  provided  in  this  act.  In 
addition  to  such  other  powers  as  may  be  by  law  or 
this  act  conferred  upon  it,  said  common  council  shall 
have  full  power. 

1.  To  provide  for  the  care,  custodv  and  preserva- Prnperty of 

x  7  ,  city. 

tion  of  the  property,  books,  records  and  papers  be- 
longing to  the  city;  to  prevent  and  provide  for  the 
punishment  of  any  injury  to,  or  trespass  upon  such 
property;  to  make  all  necessary  repairs  and  improve- 
ments thereon ;  to  lease,  sell  or  otherwise  dispose  of 
such  thereof  as  shall  not  be  required  for  the  use  of 
said  city;  to  lease  for  such  a  time  and  under  such 
terms  as  it  may  deem  proper  the  hospital  property, 
real  estate,  building  and  appurtenances  owned  by  the 
city  and  to  sell  or  otherwise  dispose  of  the  same ;  and 
to  cause  the  same  to  be  insured  against  loss  or  damage 
by  fire  as  said  common  council  shall  deem  necessary 
or  advisable. 

(As  amended  by  §  1,  Chapter  514,  Laws  of  1898. 

>  note:— By  Sub.  10,  §4,  Chapter  227,  Laws  of  1898  (Public  Improvement  Act, 
infra),  the  care  of  the  city  hall  building  and  station  house  is  devolved  upon  the 
public  improvement  commission. 


14  Laws  of  the  City  of  Cohoes.    [Title  IV. 

protection  To  make  such  ordinances  and  regulations  as  it 

of  inhabi-  CJ 

their  pro-  mny  deem  proper  to  protect  the  inhabitants  of  said 
perty'       city  in  their  persons  and  property,  suppress  disorderly 
assemblages,  preserve  peace  and  good  order,  and  pro- 
Restraint   mote  the  welfare  and  good  government  of  the  city  ;  to 

and  punish- 

ment  of  va  restrain  and  provide  for  the  punishment  ot  vagrants, 

grants  and  1  x 

fonl per"  mendicants,  persons  without  visible  means  of  support, 
keepers  of  houses  of  ill-fame,  common  prostitutes, 
lewd  and  disorderly  persons,  drunkenness  and  dis^ 
orderly  or  immoral  conduct  in  the  streets  or  other 
public  places,  and  the  selling  or  giving  away,  by 
persons  not  licensed,  of  any  strong  or  spirituous 
ofUTseSor°n liquors,  wine,  or  beer;  and  to  suppress  and  restrain 
dedy  house  disorderly  houses,  gambling  houses  and  houses  of  ill- 
fame. 

control        3.  To  perscribe  and  define  such  powers  and  duties 

over  officers  „..-,'".  •  •    L  .,i 

of  the  city,  of  the  officers  ot  said  city  as  are  not  inconsistent  with, 

as   to  their 

fieTecom-u" Qr  specified  by  this  act,  and  which  it  shall  deem  the 
penktion,  ^ggt  interests  of  the  city  required* ;  to  fix  and  de- 
termine the  compensation  of  officers  of  the  city,  where 
the  same  is  not  provided  for  by  law  or  this  act ;  and 
to  see  that  they  perform  faithfully  and  correctly  their 
several  duties,  and  that  proper  measures  are  taken  to 
punish  neglect  of  duty  on  the  part  of  any  of  them. 


Audit  of  ac-    4   To  audit  all  accounts,  claims  and  demands  against 

counts.  ;  _ 

said  city  which  have  been  made  and  presented  in  the 
manner  prescribed  in  this  act,  and  to  allow  and  order 
the  payment  of  such  as  shall  be  just  and  legal  charges 
against  said  city,  except  as  herein  otherwise  provided. 

special         5.  To  call  special  meetings  of  the  inhabitants  of 

meetings  of  • 

inhabitants,  city  whenever  in  the  judgment  of  its  members, 
public  interest  requires  the  same,  and  to  carry  into 
effect  all  lawful  resolutions  adopted  at  any  of  said 
meetings. 


*  So  in  the  original. 


Title  TV.]  Revised  Charter.  15 

6.  To  prescribe,  subject  to  the  provisions  of  this  act,  ^ncdcovuonuts 
the  manner  in  which  the  chamberlain  shall  keep  the  jglS Cham- 
accounts  and  vouchers  of  his  office,  and  also  the  man-  reS,^ 
ner  in  which  the  clerk  of  the  city  shall  keep  the  c&by 'cit3? 
records  and  papers  of  the  city ;  and  to  examine  such 
accounts,  vouchers  and  records  fiom  time  to  time  in 

order  to  detect  errors  therein. 

7.  To  prohibit  within  the  bounds  of  said  city  all  ts- to  ex,hi~ 

*>  bitions  of 

exhibitions  of  any  natural  or  artificial  cariosities,  gS^jS. 
caravans,  circuses,  theatrical   and   other  shows  or nikSncity 
exhibitions,  or  performances  for  money ;  or,  if  said 
common  council  deem  advisable,  to  license,  or  author- 
ize the  mayor  to  license  the  same,  on  such  terms  as  it 
may  think  proper. 

8.  To  establish  and  regulate  public  pounds,  andPounds< 

^  x  x  poundmas- 

appoint  and  define  the  duties  of  poundmasters ;  to^er?;  res- 
restrain,  regulate  and  prevent  cattle,  horses,  sheep,  Seattle10'' 
dogs,  geese  and  other  animals  and  fowls  from  running  an fmaisSn- 
at  large  in  streets  and  public  places  in  said  city,  and  £?#e.at 
to  authorize  the  seizure,  impounding  and  sale  of  the 
same  for  the  penalty  incurred  by  such  running  at 
large  and  for  the  cost  of  keeping  and  of  proceedings ; 
and  to  make  regulations  for  taxing,  muzzling  and  con-  Taxing 
fining  of  dogs,  and  for  destroying  such  as  may  be  andZZcSffin- 

(.  ~i  ,  .  ins  of  dogs. 

iound  running  at  large  contrary  to  any  ordinance, 
whenever  the  same  may  be  dangerous  or  ferocious  in 
any  degree. 

9.  To  prevent  runners,  hackmen,  stage  drivers  and  Runners, 

■  °  hackmen, 

others  from  soliciting  persons  to  travel  or  ride  in  any  ^r|ee^cri;to 
stage,  hack,  omnibus,  boat  or  other  conveyance,  or^eteJegu" 
upon  any  railroad,  or  to  go  to  any  hotel  or  otherwise, 
except  under  such  regulations  as  it  may  prescribe 

10.  To  license,  regulate  and  control  all  porters,  Porters 

"  cartmen, 

cartmen,  hackmen,  cabmen  and  draymen,  and  all  ^acck"eg; 
stages,  omnibuses   and  other  conveyances  for  theliceAsed 
transportation  of  passengers  for  hire  within  the  city, 
and  to  fix  their  rates  of  fare  or  compensation. 


16  Laws  of  the  City  of  Cohoes.    [Title  IV"; 

Public  bail-    11    To  purchase  the  necessary  ground  for,  and  to 

dings  and  -l  t/  -o 

park,.  erect  t|ie  necessary  public  buildings  thereon,  and  to 
purcliase  grounds  for,  lay  out  and  maintain  a  public 
'  park  within  said  city,  provided  the  necessary  funds  for 
any  such  purpose  shall  have  been  voted  at  a  special 
meeting  of  taxpayers,  as  provided  in  this  act  but  not 
otherwise. 

Gambling  12.  To  prohibit  gambling  of  all  kinds,  and  to  pro- 
^y^et"*  hibit,  regulate  or  license  billiard  rooms,  bowling  alleys, 
skating  rinks,  and  all  other  places  of  amusement  or 
entertainment  from  which  an  admission  fee  or  other 
income,  profit  or  revenue,  direct  or  indirect,  is 
received , 

Pollution  of  13.  To  prevent  and  provide  for  the  punishing  the 
within  city.  casting  into  any  waters  withm  said  city,  any  dead 
animal,  offal,  filth  or  any  foul  or  offensive  substance 
or  thing,  or  any  earth,  stones  or  rubbish  of  any  kind; 
and  to  prevent  and  provide  for  the  punishment  of  all 
bathing  therein,  except  under  such  regulations  as  it 
may  prescribe. 

Racing,        14.  To  prevent  racing  and  immoderate  driving,  and 

coasting,  x  ,        .  -.  . 

ridfni65'  to  Pr©vent  or  regulate  coasting  or  bicycle  riding  m 
como^ivU0"  said  city ;  and  to  regulate  the  speed  of  locomotives, 
etc'         railroad  and  other  cars. 

The  burial      15   To  regulate  the  burial  of  the  dead  and  the 

of  dead,  etc.  ~  ,  . 

management  of  all  cemeteries  within  the  city,  subject 
to  existing  provisions  of  law. 

Auction        16.  To  regulate  and  license  auction  stores  and  sales 
inlesandwk"  i*1  said  city,  and  hawking,  peddling  and  sales  in  the 
s^e[s"getcn  streets  thereof,  and  to  regulate  and  license  pawn- 
brokers. 

Maps  of  the     17.  To  make  or  cause  to  be  made  maps  of  the  city 
and  of  the  several  wards  thereof,  and  to  sell,  or  cause 
IXToP    to  be  sold,  copies  of  the  same  for  the  benefit  of  the 
Sets'  and  contingent  fund  of  the  city;  to  survey,  lay  out,  and 

grounds.    '  ° 


Title  IV.]  Revised  Charter.  17 

establish  streets,  highways  and  public  grounds  of  said 
city;  and  to  designate  and  alter  the  names  of  streets,  Names  of 
avenues  and  alleys,  and  the  numbers  of  all  lots  and^^of 
buildings.  KidSk 

(As  amended  by  §  5,  Chapter  604,  Laws  of  1893.) 

18.  To  prevent  any  encroachment,  incumbrance  orEncroach- 
unnecessary  obstruction  in  or  upon  any  street,  alley,  ?neSJkSc'- 
sidewalk,  crosswalk,  highway  or  public  ground  of  said 
city,  whether  by  locomotives,  cars,  carts,  wagons, 
sleighs,  teams  or  otherwise;  to  regulate  or  prevent 
the  deposit  of  building  materials  in  or  about  such 
streets,  alleys,  sidewalks,  crosswalks,  highways  or  pub- 
lic grounds;  and  in  case  of  neglect  or  refusal  of  anvRe^i 
person  who  shall  have  caused  such  encroachment, 
incumbrance,  obstruction  or  deposit  contrarv  to  any  EST 
rule  or  ordinance,  or  of  the  owner  or  occupant  of  any 
premises  upon  which  shall  be  any  building,  fence  or 
other  structure  or  thing  encroaching  upon,  incumber- 
ing or  obstructing  any  such  street,  alley, '  sidewalk, 
crosswalk,  highway  or  public  ground,  to  remove  the 
same  after  being  notified  so  to  do,  shall  have  power  to 
cause  such  removal  at  the  expense  of  such  person,  or 
of  such  owner  or  occupant,  and  to  collect  such  expense 
as  hereinafter  provided. 

19.  To  compel  the  owner  or  occupant  of  any  premi-  Opening 
ses  in  said  city  to  remove  all  dirt,  snow  and  ice  from  ^K^ow0* 
the  sidewalks  and  gutters  in  front  of  such  premises  S$T 
and  in  case  of  neglect  or  refusal  of  the  owner  or  occu- 
pant to  remove  the  same  after  being  notified  so  to  do 
to  cause  the  same  to  be  done  at  the  expense  of  such 
owner  or  occupant,  and  to  collect  such  expense  as 
hereinafter  provided;  also  to  compel  every  such  owner 
or  occupant  to  remove  the  dirt  from  the  streets  in  front 
of  the  premises  owned  or  occupied  by  them,  or,  in  case 
of  paved  streets,  to  place  it  in  heaps  for  removal,  as 
the  common  council  may  direct. 


i  gutters. 


from  ob 

structions 

etc. 


18  Laws  of  the  City  of  Cohoes.    [Title  IT. 

preventing    20.    To  prevent  and  provide  for  the  punishing  the 

££shh.  deposit  of  dirt,  ashes,  garbage  or  other  filth  in  any 
street,  alley  or  highway  of  said  city ;  and  to  prohibit  all 
persons  from  bringing  and  depositing  and*  unwhole- 
some, putrid  or  decayed  carcass,  skins,  hides,  hsh, 
meat  or  other  unhealthful  substance  or  thing  within 
the  city,  and  to  require  or  authorize  the  removal  or 
destruction  thereof. 

Turnpike.      21.  To  require  any  turnpike,  plank  road,  street  rail- 

plank  road,  .  -. 

street  rail-  wav,  railroad  or  other  corporation  or  company  to  keep 

way  or  •7'  x  '  .  . 

?ahtforn°topo" eacn  street,  alley  and  highway  through  which  its  road 
E£n/reet  may  pass  in  said  city,  and  the  gutters,  drain  and 
roadhPaSsses  culverts  of  said  road  in  good  condition  and  repair ;  to 
a^r^ee    lay  or  raise  such  road  or  any  portion  thereof  in 
accordance  with  the  established  grade  of  such  street, 
alley  or  highway ;  and  to  remove  without  unnecessary 
delay,  all  incumbrances  and  obstructions  which  said 
corporation  or  company  shall  have  placed  or  caused  to 
be  placed,  upon  such  street,  alley  or  highway;  and 
to  require  all  railroad  companies   or  corporations 
whose  lands  may  be  situated  within  the  lines  of  any 
street,  highway  or  public  alley  of  said  city,  to  construct 
all  necessary  sidewalks,  crosswalks,  curbs  and  gutters 
over  and  along  such  lands.    If  any  such  company  or 
corporation  shall  refuse  or  neglect  to  do  any  of  the 
acts  required  of  it  by  this  subdivision  for  thirty  days 
after  the  service  of  notice  by  the  common  council, 
requiring  such  acts,  or  any  of  them  to  be  done,  the 
common  council  shall  have  power  to  cause  the  same 
to  be  done  at  the  expense  of  such  corporation  or  com- 
pany, and  such  expense,  to  be  fixed  and  determined 
by  said  common  council,  may  be  collected  as  herein- 
after provided.    Nothing  in  this  subdivision  or  of  this 
act  shall  be  construed  to  require  any  street  railway 
company  to  repair  or  keep  in  condition  any  street, 
alley  or  highway  through  which  its  road  may  pass, 
except  that  part  or  portion  thereof  covered  by  its  road, 

*  So  in  the  original. 


Limitations 
of  this  sub- 
division. 


19 


Title  IV.]  Revised  Charter. 

and  a  space  two  feet  in  width  outside  of  and  adjoining 
its  track  on  either  side.  If  it  becomes  necessary  to 
remove  snow  and  ice  from  any  such  street,  alley  or 
highway,  said  street  railway  company  shall  be  required 
to  remove  the  portion  thrown  out  by  it.  but  no  more. 

22.  To  require  every  railroad  company  or  corpo-  Flagman  or 
ration  running  its  trains  through  any  part  of  said  citv  ^Ihktkn- 

i      1  M  ^    1  J  road  cros- 

to  keep  a  flagman,  or  gates,  or  both,  at  each  railroad sin^ 
crossing  or  point  of  intersection  of  such  railroad  with 
any  street,  alley  or  highway. 

23.  lo  prevent  or  regulate  the  construction  or  ereC-  Prevention 
tion  of  any  building,  bay-window,  stoop,  step  plat-  t^rT?^ Sec- 
form,  cellar  door,  area,  stairs,  ascent  or  descent  into  ^"c°«res 

•  on  street  or 

any  building,  or  of  any  awning,  hitching-post  or  other sidewalk- 
erection,  structure  or  projection,  which  shall  be  in  or 
upon  any  street  or  sidewalk,  or  which  shall  project 
into  or  over  any  street  or  sidewalk  in  said  city ;  to 
prevent  the  swinging  of  gates  over  any  sidewalk  in  swin^f 
said  city;  to  prevent  or  regulate  the  hanging  or  sus- fS^ST 
pending  of  any  goods,  signs  or  other  thing  in  or  over  ^a0d!ing  of 
any  such  street  or  sidewalk,  and  the  placing  of  boxes,  o^'Sreet 
barrels  or  other  thing  in  or  upon  the  same;  and  in  case^nted 
the  owner  or  occupant  of  any  premises  in  said  city,  3. regulat" 
upon  or  about  which  any  ordinance  or  regulation  of 
the  common  council  made  pursuant  to  this  subdivision 
shall  have  been  violated,  shall  neglect  or  refuse  after 
being  notified,  to  comply  with  such  ordinance  or  regu- 
lation, to  enforce  the  observance  thereof  under  such 
penalties  as  it  may  prescribe. 

24.  To  prohibit  or  regulate  the  moving  of  houses  or  mo™*  of 
buildings  through  the  streets  of  said  city ;  and  to  direct  SgSSjh 
the  digging  down,  draining  or  filling  up  of  lots,  when- S  oT 
ever  it  shall  deem  the  same  necessary  to  prevent  injury  ^ItglVg 
to  streets,  sidewalks  or  crosswalks,  or  to  adjoining d&°ed.ots 
property,  and  to  assess  the  expense  thereof  upon  the 
owners  of  such  lots,  as  hereinafter  provided. 


20  Laws  of  the  City  of  Cohoes.    [Title  IV. 

Gas,  eiec-      25   To  erect  and  maintain  gas,  electric  and  other 

trie,  and  .  , 

otheriights,  lights,  lamp-posts  and  fixtures  on  the  streets  of  said 
city,  and  to  cause  the  same  to  be  lighted  at  all  proper 
hours  throughout  the  year,  and  to  cause  the  public 
buildings  of  said  city  to  be  lighted. 

Keeping       26.  To  prohibit,  license  or  regulate  the  keeping, 

and  storing  r  .  , 

combustible  storing:,  use  and  sale  of  gunpowder,  kerosene,  or  other 

and  explo-  ©'  o  j. 

tancesuresgu- combustible  or  explosive  substance  or  compound,  and 
lated,  etc.  tlle  collVeyance  and  transportation  of  the  same  in  or 
through  any  part  of  the  city ;  and  to  provide  for  the 
inspection  of  all  burning  fluids  which  may  be  kept  or 
offered  for  sale  within  said  city. 

weighing  27.  To  regulate  and  prescribe  the  places  of  weighing 
haayc,estr°arw,  hav  and  straw,  wood  and  coal,  and  of  marketing  the 

etc.,  weigh-        J  7  . 

ers,  etc.  game .  to  appoint  weighers  and  measurers,  limit  their 
fees,  and  to  prohibit  and  prevent  the  offering  for  sale 
of  any  such  commodities  in  any  public  street  of  said 
city  without  the  same  having  been  weighed  or  meas- 
ured, and  to  require  such  weight  or  measure  to  be 
made  known  to  purchasers,  as  the  common  council 
may  prescribe. 

prevention  28.  To  prevent  and  abate  nuisances,  and  determine 
men? of  nui-  what  are  such  either  upon  view  or  testimony  of  wit- 
nesses, wdio  may  be  examined  under  oath  before  it,  and 
for  these  purposes  to  enter  into  or  upon  any  buildings 
or  premises  in  said  city;  and  in  case  the  owner  or 
occupant  of  any  building  or  premises  in  or  upon 
which  said  nuisance  may  be  found  shall  neglect  or 
refuse  to  abate  or  remove  the  same  after  notice  so  to 
do,  to  cause  the  same  to  be  abated  or  removed  by  their 
warrant  to  any  officer  or  member  of  the  police  force  of 
the  city,  and  to  declare  the  expense  a  lien  upon  the 
premises,  and  to  collect  such  expenses  as  hereinafter 
provided. 

Matters  of-  29.  To  compel  the  owner  or  occupant  of  any  gro- 
heaShfet'c.,  eery,  market,  cellar,  soap  factory,  tannery,  shop,  privy, 

regulated. 


Title  IV.]  Revised  Charter,  21 

stable,  barn,  outhouse,  pigsty,  drain,  sewer,  cesspool 
or  other  unwholesome,  offensive  or  nauseous  house, 
building,  ditch,  pond  or  place,  to  cleanse,  purify, 
remove  or  abate  the  same  from  time  to  time,  as  often 
as  in  the  opinion  of  the  common  council  it  may  be 
necessary  for  the  comfort,  health  or  convenience  of 
the  inhabitants  of  said  city,  or  any  portion  thereof. 

30.  To  prohibit  or  regulate  and  direct  the  location  of  siaughter- 

*  houses;  sale 

slaughter-houses  in  said  city,  to  regulate  the  time,  ^taMes 
place  and  manner  of  sale  of  fish,  meat  and  vegetables, 
and  to  regulate  or  prohibit  the  slaughtering  of  animals 
in  said  city. 

31.  To  prescribe  regulations  as  to  the  location  and  Location 

and  con- 

eonstruction  oi  public  or  private  sewers,  drains  or  a-as struction  of 

x  '  o       sewers  and 

pipes  in  said  city,  and  for  the  prevention  and  punish- drains- 
ment  of  any  injury  to  or  obstruction  of  any  street  or 
sidewalk  thereby. 


32.  To  prosecute  in  the  corporate  name  of  the  city  Prosecution 

x        i  ti-t,      •         ,  .   ,  upon  con- 

upon  any  contract  or  liability  in  which  said  city  may  tracts  and 
be  interested,  and  for  all  fines,  penalties,  costs  andetc- 
expenses  imposed  by  this  act,  or  by  an  ordinance  or 
by-law  of  the  city,  and  enforce  the  collection  thereof. 

33.  To  prohibit  and  make  regulations  for  the  mm-  Regulation 

°  i  of  games, 

ishment  of  every  game,  practice,  amusement  and  act^£ 
in  the  public  streets  and  elsewhere  in  said  city  having 
a  tendency  to  frighten  teams  or  horses,  to  injure  or 
annoy  persons  or  to  injure  or  endanger  property. 

34.  To  prevent  or  regulate  the  stringing  and  setting  stringing 

r      &  &  and  setting 

ol  telephone  and  telegraph  or  other  wires  and  poles  in  °ndwp^s 
said  city. 


35.  To  direct  and  regulate  the  planting  of  shade  and  shade  and 

,    ,  -  ,    •  T  _  ornamental 

ornamental  trees  along  the  streets  and  sidewalks  andtrees 
in  the  public  grounds  of  said  city,  and  to  prevent  the 
injury  or  defacement  of  such  trees,  and  of  fences,  walls, 
posts  and  buildings  in  said  city. 


22  Laws  of  the  City  of  Cohoes.    [Title  IV. 

Buildings  To  prohibit  the  erection,  in  an  unsafe  manner, 

and  walls  in  7 

Sieto°beot'  any  wail  or  building  in  said  city,  and  to  compel  the 
orartemSoaveed.  owner  or  occupnnt  of  any  wall  or  building  therein 
which  may  be  in  an  unsafe  condition,  to  render  the 
same  safe*  to  remove  the  same ;  and  in  case  of  neglect 
or  refusal  of  such  owner  or  occupant  to  render  such 
wall  or  building  safe,  or  to  remove  the  same  after  being 
notified  so  to  do,  the  common  council  shall  have  power 
to  cause  the  same  to  be  done  at  the  expense  of  such 
owner  or  occupant,  and  to  collect  such  expense  as 
hereinafter  provided. 
Ringing  of     37.  To  prevent  or  regulate  the  ringing  of  bells,  except 

bells,  blow-  x  °  " 

ing  of  whis-  those  of  locomotives,  blowing  of  whistles  and  horns, 

ties,  etc. 

crying  of  wares,  and  the  making  of  any  noise  which 
may  tend  to  disturb  the  peace  of  the  city ;  to  prevent 
or  regulate  the  sale  and  use  of  fire  crackers,  rockets, 
squibs  and  other  explosive  compounds  ;  and  to  prevent 
and  provide  for  punishing  the  discharge  of  firearms, 
rockets,  fireworks  and  gunpowder  in  or  near  the  streets 
of  the  city,  or  in  the  vicinity  of  any  building. 

Repair  of      38.  To  direct  the  construction  and  repair  of  railings 

railings  at  ,  , -■ 

exposed  2it  exposed  or  dangerous  places  in,  along  or  upon  tlie 
streets,  alleys,  highways,  dredges,  excavations  or 
gutters  in  said  city. 

Attorneys.  39.  To  appoint  or  employ  an  attorney,  or  attorneys 
and  counsel,  for  the  transaction  of  any  business  of  the 
city  requiring  legal  skill. 

APproPria-  40.  To  annually  appropriate  and  expend  for  the 
brTry^ulid- maintenance  of  any  public  library  building,  library  or 

ing,  library  .  _  ■, 

or 'libraries,  libraries  established  or  that  may  be  hereafter  estab- 
lished in  said  city,  not  to  exceed  the  sum  of  two 
thousand  five  hundred  dollars. 

(As  amended  by  §  1,  Chapter  569,  Laws  of  1901. 
Previously  amended  by  Chapter  604,  Laws  of  1893.) 


*So  in  the  original. 


Title  IV.]  Revised  Charter.  28 

41.  To  provide  for  defray  ins  the  expenses  of  all  Electicnex- 

.  .      °  x-  penses:elec- 

elections  held  m  said  city  under  the  provisions  of  this  l^nts  dis" 
act  ;  to  create  new  election  districts  when  necessary 
and  appoint  the  first  inspectors  therein,  and  such 
districts  and  inspectors  shall  be  governed  by  the  pro- 
visions of  this  act. 

Not  e  :— See  §  8  of  the  election  law,  as  to  creation  of  election  districts. 

42.  To  grant,  or  empower  the  mayor  to  grant,  all  Licenses, 
licenses  in  said  city  except  such  as  are  required  by 

law  or  this  act  to  be  granted  by  the  board  of  excise, 
and  to  prescribe  the  fees  to  be  paid  for  the  same. 

43.  To  provide  a  council-room  or  rooms  for  theRcomsfor 

the  common 

common  council;  court-rooms  for  the  recorder  andc°uncil  aid 

the  several 

lor  the  justices  of  the  peace;  rooms  and  accommo- faunedj 
dations  for  the  board  of  education  and  other  boards  pSlsu'p' 
of  said  city;  offices  for  the  mayor,  chamberlain,  city 
clerk,  city  attorney  and  for  such  other  officers  as  may 
require  the  same  for  the  transaction  of  the  business 
pretaining  to  their  respective  offices ;  engine  houses, 
rooms  and  accommodations  for  the  several  fire  com- 
panies of  said  city;  station  houses  and  accommoda- 
tions for  the  police  force  of  said  city,  and  all  neces- 
sary fuel,  lights,  stationery  and  supplies  for  such 
rooms  and  officers.  The  common  council  shall  also 
have  power,  and  it  shall  be  its  duty  to  provide  a 
suitable  jail  within  said  city,  which  shall  be  known 
and  designated  as  the  "Cohoes  jail,"  at  an  expense  Jan. 
not  to  exceed  six  hundred  dollars  per  annum,  which 
sum  shall  bn  paid  annually  from  the  Cohoes  jail  fund, 
upon  the  warrant  of  the  board  of  police  commissioners 
to  the  said  city  of  Cohoes. 

(As  amended  by  §  2,  Chapter  275,  Laws  of  1896.) 

Note.— As  to  custody  city,  hall  building  and  station  house,  see  note  to  sub.  1,  this 
section. 

44.  To  designate  a  public  newspaper  printed  in  said^J1 
city,  to  be  known  as  the  official  paper,  in  which  shall 


24  Laws  of  the  City  of  Cohoes.    [Title  IV. 

be  published  all  its  ordinances,  rales,  regulations, 
resolutions,  by-laws  and  official  notices ;  but  no  such 
ordinance,  rule,  regulation,  by-law  or  official  notice 
shall  be  invalid  if  published  in  any  public  newspaper 
printed  in  said  city,  providing  at  the  time  of  such 
publication  no  official  paper  shall  have  been  desig- 
nated as  provided  in  this  subdivision. 

officers.  45.  To  appoint,  as  hereinafter  provided,  the  officers 
mentioned  in  section  nine  of  this  title. 

Notices.  46.  To  prescribe  the  length  of  notice  to  be  given 
under  any  of  the  foregoing  subdivisions  of  this  section, 
and  to  make  the  cost  and  expense  mentioned  in  sub- 
divisions eighteen,  nineteen,  twenty-one,  twenty -four, 
twenty-eight,  thirty-six  and  fifty-one  of  this  section  a 
lien  upon  the  premises  or  lots  therein  mentioned  or 
implied,  by  assessing  the  same  thereon,  and  to  issue 
warrants  against  the  owners  or  occupants  thereof 
respectively  to  collect  such  costs  and  expenses  as 
assessments  and  taxes  are  collected. 

Bonds  of      47.  To  decide  upon  the  sufficiency  of  the  sureties 

officers,  suf-  x 

ndencyof.  in?  an(j?  except  as  herein  otherwise  provided,  to  nx 
the  penalty  of,  the  official  bond  of  any  officer  of  said 
city  who  may  be  required  by  law  or  this  act,  or  by 
the  common  council  to  give  security ;  and  to  require 
other  or  additional  security  from  any  such  officer 
whenever  it  may  deem  it  necessary. 

issues  of  48.  To  issue  warrants  for  the  collection  of  all  taxes 
warrants.  ^  assessments  including  those  for  the  expense  of 

making  and  repairing  sidewalks,  sewers,  and  for  local 

improvements. 

Annual  49.  To  provide  for  the  annual  census  of  the  popula- 
pubiication  tion  of  the  city,  and  for  the  publication  of  the  laws, 
of  laws,  etc.  ordinanceSj  TOies,  regulations  and  by-laws  of  said  city. 

Beams,         50.  To  prohibit  the  use  in  said  city  of  such  beams. 


scales 


weights  and  SCales,  weights  and  measures  as  have  not  been  tested 

measures.  '  ° 


and  sealed  by  the  sealer  of  weights  and  measures. 


Title  IV.]         Revised  Charter,  25 
51.  To  regulate  the  use  of  sidewalks,  and  to  fix  and  Use  Re- 
determine the  line  for  erecting  any  and  all  building  P™'* 

•  n  •       ,n  ,  .  J  v-*-XJ-A00  line  to  be 

within  the  stoop  line,  and  to  require  all  buildings  fixed 
erected  or  repaired  to  conform  to  the  line  so  fixed  and 
determined  ;  to  order  the  removal  by  the  owner  or 
occupant  thereof  of  any  and  all  buildings  encroaching 
upon  said  line  ;  and  in  case  of  the  neglect  or  refusal 
of  such  owner  or  occupant  to  remove  the  same  within 
five  days  after  notice  to  him  so  to  do,  to  cause  the 
removal  thereof  at  the  expense  of  such  owner  or  occu- 
pant, and  to  collect  the  expense  thereof  as  provided  in 
subdivision  forty-six  of  this  section. 

Note  :-Further  powers  and  duties  of  the  common  council,  under  general  statutes 
•are  as  follows  : 

T  AUth71icZoen  t0  C°nSem  t0  USC  °f  StreetS  f°r  railr°ad  PurP°ses.    See  §  91,  Chapter  565, 
Laws  of  1890,  as  amended  by  Chapter  638,  Laws  of  1901. 

L^wfoflSSo"^11161113  againSt        l°  ^  1CVy  t0  bG  Paid  therefrom-    See  Chapter  554, 


an 


In  relation  to  refunding  landed  indebtedness  of  city,  see  §  7,  general  municipal  law 
t/ra%  as  amended  by  Chapter  333,  Laws  of  1901. 

LawsoM^  t0  COnStrUCti0"  °f  Hft  bridg£S  by  City'  over  canals>  see  §  "8,  Chapter  338, 

In  relation  to  the  adoption  of  voting  machines,  see  §  !63,  Chapter  466,  Laws  of  1899 
-as  amended  Dy  §  3,  Chapter  530,  Laws  of  1901. 

iru   ?lalT  t1°  aUCt!°nS         auctioneers<  see  §§  52  and  53,  domestic  commerce  law 
{Chapter  376,  Laws  of  1896). 

In  relation  to  investigations  concerning  diseases  in  cattle,  see  §  83  of  the  agricultural 
law,  as  amended  by  §  1,  Chapter  134,  Laws  of  1895. 

As  to  Payments  to  charitable  and  other  institutions  for  the  support  of  immates,  see 
$  1,  Chapter  754,  Laws  of  1895. 

JnVZlT7r[atiTi0r         °bSerVance  of  Memorial  day,  see  §§  10  and  11  of  the 
general  city  law,  infra. 

In  relation  to  public  libraries,  see  §  39,  university  law  (Chapter  378,  Laws  of  1892) 

°  C°?rn  COUndl  t0  aCquire  title  t0  land  for  burial  P^poses  see  §  1 

Chapter  750,  Laws  of  1870,  as  amended  by  Chapter  518,  Laws  of  1892 

*o£°LaTs  of  ISO-"'6  imerment  "  C6meterieS  "  dtieS  °f       thifd  daSS:  SCe  Chaptef 
Common  council  shall  not  grant  extra  compensation  to  public  officers.  See  §  28  Art 
111,  State  Constitution.  '• 

Members  may  not  hold  office  under  the  appointment  of  the  common  council.  See  §  3 
the  general  law,  infra.  8  1 

§  8.  For  any  or  either  of  the  purposes  mentioned  common 
m  the  last  section,  or  for  the  purpose  of  executing  anyK'Jo^r 
power  conferred  upon  the  common  council  or  upon  the^af-- 
city  by  this  act  or  otherwise,  the  common  council  shall  iB?uE°f 
have  full  power  to  make,  establish,  publish,  modify,  EBTf  n~ 
amend  or  repeal  ordinances,  rules,  regulations,  by-laws last  secuon' 
and  resolutions,  and  to  fix  the  time  of  their  takino- 


26  Laws  of  the  City  of  Cohoes.       [Title  IT- 

effect,  and  to  prescribe  and  enforce  such  penalties  and 
fines  as  it  may  deem  proper  for  their  violation ;  but 
every  such  ordinance,  rule,  regulation,  resolution  and 
by-law,  except  such  as  relate  to  the  health,  safety  or 
protection  of  the  people  of  said  city  or  some  portion 
thereof,  shall  before  taking  effect,  be  published  at 
such  ordin-  least  once  in  the  official  paper.    Every  such  ordinance, 
Sblrecord- miej  regulation,  resolution  and  by-law,  together  with 
his  certificate  of  the  time  and  manner  of  the  publication 
thereof,  shall  be  recorded  by  the  .city  clerk  in  a  book 
or  books  to  be  provided  by  the  common  council  for 
such  record  that  purpose ;  and  the  said  record  or  a  copy  thereof 
cenme^by  certified  under  the  corporate  seal  of  the  city  by  said 
sumptive"  clerk  to  be  a  true  copy  of  such  record,  shall  be  pre- 
lil ence'    sumptive  evidence  in  all  courts  and  places,  and  in  all 
actions  and  proceedings,  of  the  due  passage  of  such 
ordinance,  rule,  regulation  or  by-law,  and  of  its  having 
been  duly  published  as  by  this  act  required. 

As  to  general  law  on  subject  of  evidence  of  municipal  ordinances,  see  §  1,  Chapter 
211r  Laws  of  1879,  and  §  941,,  Code  Civil  Procedure. 

officers  to     §  9.  The  common  council,  at  its  annual  meeting  held 
edSfcom-in  the  year  eighteen  hundred  and  ninety-five,  or  as 
Numerated  soon  thereafter  as  practicable,  shall  appoint  a  cham- 
berlain for  said  city,  who  shall  hold  his  office  until  the 
annual  meeting  in  the  year  eighteen  hundred  and 
ninety-six,  and  until  his  successor  is  appointed  and 
qualified,  and  said  common  council  shall  at  the  annual 
meeting  held  in  the  year  eighteen  hundred  and  ninety- 
six,  and  at  the  annual  meeting  held  in  every  second 
year  thereafter,  appoint  a  chamberlain  for  said  city ; 
and  at  its  first  annual  meeting  after  each  annual 
election,  shall  appoint  the  following  officers  for  said 
city,  to  wit  :    A  clerk,  an  attorney,  an  engineer  and 
surveyor,  a  superintendent   of   streets   and  public 
grounds,  an  overseer  of  the  poor,  a  sealer  of  weights 
Effect  of    and  measures,  and  a  poundmaster.    Failure  on  the 
Ippointat.  part  of  the  common  council  to  appoint  any  of  the 
nedes  speci"  foregoing  officers  mentioned  in  this  action,  at  the 


Title  IV.]        Revised  Charter.  27 

time  or  times  specially  prescribed  therefor,  shall  not 
render  invalid  the  appointment  of  any  such  officer  or 
officers,  bat  the  term  of  office  of  such  officer  or  officers 
shall,  in  such  case,  expire  as  if  such  appointment 
were  made  at  the  time  or  times  so  prescribed.  Besides 
the  foregoing  officers  the  common  council  shall  also, 
from  time  to  time,  appoint  commissioners  of  deeds  for 
said  city,  not  to  exceed  twenty  in  number,  who  shall 
possess  the  powers,  perform  the  duties  and  receive  the 
compensation  hereinafter  prescribed. 

(As  amended  by  §  1,  Chapter  802,  Laws  of  1895. 
Previously  amended  by  Chapter  252,  Laws  of  1895). 

§  10.  It  shall  be  the  duty  of  the  common  council,  chamber- 

'  lain  s  ac- 
OIl  the  third  Tuesday  in  November  in  each  year,  to^tt|dtobc 

audit  the  chamberlain's  accounts  and  to  settle  with 

him  for  all  moneys  belonging  to  the  city  received  by 

him  during  the  preceding  fiscal  year.     It  shall  also  Accounts  of. 

have  power,  as  often  as  and  whenever  the  interests  of  °ersero 

the  city  require,  to  examine  and  settle  the  accounts  of 

the  other  officers  of  the  city, 

(As  amended  by  §  2,  Chapter  625,  Laws  of  1901.) 

§  11.  It  shall  be  the  duty  of  the  common  council  to  Public 
pay  all  installments  of  principal  and  all  interest  on  the^o^" 
public  debt  of  the  city  heretofore  or  hereafter  con- 
tracted, as  the  same  shall  fall  due,  and  to  make  all 
necessary  provisions  for  such  payments  consistent 
with  law  and  this  act. 


§  12,  The  chairman  of  any  committee  of  the  COm  -  Chairman 
mon  council  shall  have  power  to  administer  any  oath  monYoSSc 

.         .  ^  committee 

or  affirmation  in  respect  to  any  matter  pending  before  p°0^et0 
the  common  council  or  such  committee.    Any  person Sth£e£r 
who  may  be  required  to  take  such  oath  or  affirmation 
or  to  make  any  statement  under  oath  or  affirmation, 
by  virtue  of  any  of  the  provisions  of  this  act,  and  who  violation 
shall  wilfully  swear  falsely  as  to  any  material  fact  or 
matter  shall  be  guilty  of  perjury, 


oath 


28  Laws  of  the  City  of  Cohoes.        [Title  V; 

No  member     s  13.  No  member  of  the  common  council  shall  vote 

to  vote  for  u 

moym?ynt  of  f or  ine  payment  of  any  money  out  of  any  fund  under 
when'      its  control,  knowing  that  such  fund  is  without  money 
to  pay  the  same.    Any  person  violating  the  provisions 
of 'this  section  shall  be  guilty  of  a  misdemeanor,  and, 
violation  of  Up0n  conviction,  shall  b'e  fined  not  less  than  fifty  nor 

such  oath,  x 

perjury.    more  than  two  hundred  dollars  for  each  offense. 

Note.— See  also  on  this  subject,  §  843,  Code  of  Civil  Procedure  and  §§  5,  6,  and  7,  of 
the  general  city  law,  infra. 

TITLE  Y. 

Of  Officers, 
elective  officers. 
The  mayor.     Section  1.  The  mayor '. — The  mayor  shall  be  the 
chief  ex-    chief  executive  officer  of  the  city.    He  shall  take  care 
ecuuve  offi-        ^e  lawg  Qf  this  state  and  the  ordinances  and 
by  laws  passed  by  the  common  council  are  faithfully 
Powers  and  executed  in  said  city.  He  shall  possess  all  powers  and 
authority  conferred  upon  mayors  of  cities  by  any 
general  statute  of  this  state.    It  shall  be  his  duty 
in  case  of  within  said  city,  to  suppress  riots  and  to  order  and 
nots,  etc.    compei  all  tumultuous  assemblies  to  disperse,  and 
as  ton-     shall  have,  for  these  purposes,  all  the  power  given  by 
law  to  sheriffs  in  cases  of  resistance  to  the  execution  of 
process.    He  shall  have  power  summarily  to  revoke, 
for  violation  thereof,  any  license  granted  by  the 
common  council,  until  its  next  regular  meeting,  when 
it  shall  investigate  the  matter  and  dispose  of  the  same 
shaii  exe-  as  it  deems  fit.    When  authorized  by  the  common 
deSs,11     council,  the  mayor  shall  execute,  in  behalf  of  the 
se°s%tc  ,  for  citv,  all  deeds,  bonds,  leases,  contracts,  licenses  and 

thecity.  J  '  ' 

other  papers  to  be  executed,  as  the  act  ol  the  city,  and 
shall  sign  all  warrants  ordered  by  the  common  council 
for  the  payment  of  money  by  the  chamberlain. 

The  mayor  is  a  magistrate.    See  §  147,  Code  Criminal  Procedure. 

He  may  solemnize  marriages  (§  11,  Chapter  272,  Laws  of  1896  as  amended  by  §  2, 
Chapter  339,  Laws  of  1901);  consent  to  the  binding  out  of  indigent  apprentices 
(§  73,  id.)  ;  administer  oaths  (§  842,  Code  of  Civil  Procedure)  ;  take  acknowledgments, 
(§  248,  Chapter  547,  Laws  of  1896);  take  depositions  to  be  used  in  contested  election 
cases  (§  64,  Chapter  682,  Laws  of  1892)  ;  designate  station  houses  for  detention  of 
women  (§  90,  the  general  city  law,  infra)  ;  grant  certificates  to  entitle  police  and  fire, 
men  to  free  transportation  over  railways,  etc.  (Chapter  417,  Laws  of  1895)  ;  and  grant 
licenses  to  carry  fire  arms  in  the  city  (§  3,  Chapter  375,  Laws  of  1883.) 


Title  V.]  Revised  Charter. 

APPOINTMENTS   BY  THE  MAYOR. 

The  mayor  is  empowered  to  appoint  : 

1.  Municipal  civil  service  commissioners.  See  §  10  Chapter  370,  Laws  of  1899  as 
amended  by  Chapter  675,  Laws  of  1900  (Civil  service  law,  infra.) 

2.  Examining  boards  of  plumbers.  See  §  40,  Chapter  327,  Laws'of  1900  (the  general 
city  law,  infra.) 

3.  Inspectors  of  election.  See  §12,  Chapter  909,  Laws  of  1898  (election  law),  as 
amended  by  §  6,  Chapter  95,  Laws  of  1901. 

4.  Police  matrons.    See  §  91  of  the  general  city  law,  infra. 

B"  ^J?*?  consentof  the  common  council  he  may  also  appoint  trustees  of  free 
public  libraries.    See  §  39,  Chapter  378,  Laws  of  1892  (university  law.) 

AS  TO   POWERS  OF  THE  MAYOR  IN  RELATION   TO  : 

1.  Aplications  for  admission  to  state  institutions  for  the  blind,  see  §  3  Chapter  744 
Laws  of  1867  as  amended  by  Chapter  6 16,  Laws  of  1872. 

2.  Concealed  effects  of  decedents,  see  §  2,708,  Code  of  Civil  Procedure. 
Application  for  railways  within  city,  see  §  120,  Chapter  565,  Laws  of  1890. 

g™r*  in  CaS6S  °f  riot'  etc"  see  §  86<  Chapter  212,  Laws  of  1898.  See 
also  §  106,  Code  of  Criminal  Procedure. 

5.  Disorderly  persons,  see  §  900,  Code  of  Criminal  Procedure. 

6.  Summary  dispossession  of  tenants,  see  §§  2,234^2,250,  Code  of  Civil  Procedure. 

7.  Apprentices,  see  §  927  ff.,  Code  of  Criminal  Procedure. 

8.  Certain  employments  of  children,  s-ee  §  292,  Penal  Code. 

K  Extension  of  term  of  agent  of  commissioner  of  agriculture,  see  §  1,  Chapter  134 
J  oi  1895. 

10.  Bonds  of  auctioneers,  see  §  53,  Chapter  376,  Laws  of  1896  (domestic  commerce 


29 


Laws  of  1895. 

10. 
law.) 


MISCELLANEOUS. 

As  to  mayor's  duties  in  relation  to  hearings  on  city  legislative  biils,  see  §§  30-35  of 
the  general  city  law,  infra. 

Mayor  is  entitled  to  copies  of  session  laws.  See  §46,  Chapter  682,  Laws  of  1892 
as  amended  by  Chapter  218,  Laws  of  1894.  ,  ' 

§  2.  It  shall  be  the  duty  of  the  mayor,  from  time  Recoup 
to  time,  to  recommend  to  the  common  council  such  S2S£ 
measure  as*  may  deem  expedient  or  proper  in  relation 
to  the  finances,  government  or  improvement  of  the 
city.    Every  order,  resolution  and  ordinance  passed  by  Approval 
the  common  council,  except  resolutions  appointing  to  paS  by 
office  or  place  and    canvassing  votes,  of  which  the ~< 
mayor  approves,  shall  have  his  approval  indorsed  m-*f°-rS< 
writing  on  a  transcript  thereof  and  signed  by  him^' 
officially.    The  transcript  of  every  such  order,  resolu-  Transcript 
tion  or  ordinance,  of  which  he  disapproves  shall  beS^SfuniF 
returned  by  him  to  the  common  council  or  its  clerk,  f]eTs 
with  his  objections  in  writing  indorsed  thereon  or^ 
attached  thereto,  which  shall  be  filed  with  the  clerk  • 


men- 


*So  in  the  original. 


30  Laws  of  the  City  of  Cohoes.      [Title  V. 

and  the  common  council  shall,  at  its  regular  meeting 
held  next  after  such  return,  proceed  to  reconsider  such 
Effect  of  order,  resolution  or  ordinance;  and  if  the  same  be 
Ifteerbyre"  passed  by  the  concurring  vote  of  two-thirds  of  the 
lielT  aldermen  then  in  office,  it  shall  have  full  force  and 
t  ereon.  provided  its  passage,  in  the  first  instance, 

depended  upon    the   affirmative   vote  in  common 
council  of  less  than  two- thirds  of   the  aldermen; 
but  if,  in  the  first  instance,  the  passage  of  such  order, 
resolution  or  ordinance  required  such  two-thirds  vote, 
its  passage  upon  such  reconsideration  shall  require 
the  affirmative  vote  of  four-fifths  of  the  aldermen. 
Otherwise,  when  a  transcript  thereof  shall  have  been 
so  returned,  the  order,  resolution  or  ordinance  shall 
when      have  no  force.    If  any  order,  resolution  or  ordinance, 
?eridaetesetoC''  a  transcript  of  which  shall  be  presented  to  the  mayor, 
majersj  or  shau  relate  to  separate  and  distinct  matters,  or  to  one 
appropria-  Qr  more  items  of  appropriation  or  payment  of  money, 
the  mayor  may  approve  such  order,  resolution  or 
ordinance  and  sign  the  transcript  thereof  as  to  one  or 
more  of  said  matters  or  items  specifying  which,  and 
disapprove  as  to  the  others.    In  such  case  he  shall 
annex  to  the  transcript  a  statement  of  the  matters  or 
items  of  which  he  does  not  approve,  with  his  objec- 
tions thereto  and  such  matters  or  items  shall  not  take 
effect  unless  reconsidered  and  passed  by  the  common 
council  in  the  same  manner  as  in  case  of  the  mayor 
refusing  to  approve  an  entire  order,  resolution  or 
Time       ordinance.     If  any  such   transcript   shall   not  be 
which  tran-  returned  bv  the  mayor  to  the  common  council  or 

script  shall  J  d  .  , 

ber^umedclerk  wlthin  three  days  after  it  shall  have  been  pre- 
!o  sented  to  him,  Sunday  excepted,  such  order,  resolu- 

tion or  ordinance  shall  be  of  like  force  and  effect  as 
if  duly  approved  by  him,  unless  within  such  time  his 
term  of  office  shall  have  expired,  in  which  case  it 
shall  have  no  force. 

NoTE  :_The  mayor  has  no  power  to  veto  appointments  to  office  made  by  the 
common  council.   See  Matter  of  North  vs.  Cary,  4  N.  Y.  Supm.  Ct.  R.  357. 


Title  ,Y.]  Kevised  Charter.  31 

§  3.  The   mayor   shall   submit  to   the    common Annual 

*<  report  to 

council,  on  the  second  Tuesday  in  March  in  each  SSSdi? 
year,  a  report  of  the  financial  transactions  of  the 
city  for  the  last  past  fiscal  year,  showing  : 

1.  All  moneys  raised  or  received  and  from  what 
sources,  distinguishing  the  funds  and  purposes  to 
which  they  belong. 

2.  All  payments,  specifying  each  item  and  the 
fund  out  of  which  the  same  was  paid. 

3.  The  entire  indebtedness  of  the  city,  if  any,  dis- 
tinguishing the  fund  indebted  and  stating  the  pay- 
ments upon  such  indebtedness  and  when  made. 

4.  An  estimate  of  the  amount  required  to  be 
expended  for  the  ensuing  year  for  ordinary  expendi- 
tures, specifying  details  as  far  as  practicable. 

5.  Such  other  facts  or  information  as  he  may  deem 
useful. 

Note  :— See  the  provisions  of  Chapter  625,  Laws  of  1901,  amending  the  charter  in 
relation  to  the  fiscal  year,  etc. 

§  4.  The  mayor  shall  be  ex-officio  a  member  [of  the  Ex-officio 
board  of  education,!  of  the  board  of  police  commis-  wh?er  ot 
sioners,  of  the  boarcl  of  water  commissioners  and  of 
the  board  of  fire  commissioners  of  said  city.    He  shall  Term  of 
hold  his  office  for  two  years  and  shall^serve  without  c?^Pensa- 
compensationj   An  election  to  the  office  of  mayor  Election  of 

i     n  ,  .    ,  J  mayor. 

shall  occur  m  the  year  eighteen  hundred  and  ninety- 
two,  and  every  second  year  thereafter. 

Note  :— See  the  provisions  of  Title  VI,  as  amended  by  Chapter  298,  Laws  of  1901, 
relative  to  composition  of  the  board  of  education.  §  17  of  that  chapter  repeals  all 
inconsistent  provisions. 

The  time  of  electing  the  mayor  and  other  city  officers,  was  changed  by  Chapter  252, 
Laws  of  1895,  q.  v. 

§  5.  If  the  mayor  shall  be  unable  to  perform  the  Acting 
duties  of  his  office  in  consequence  of  sickness  or  tern-  "seoVskk- 

ness,  etc.,  of 

porary  absence  from  the  city,  he  may  designate  anmayor 
alderman  to  act  in  his  place ;  if  he  shall  be  so  inca- 
pacitated for  more  than  ten  days,  without  making 
such  designation,  the  common  council  may  do  so. 
The  person  so  designated  shall  perform  the  duties  of 
mayor  until  the  mayor  shall  resume  them. 


32  Laws  of  the  City  of  Cohoes.       [Title  V. 

police  com-    a  q   Police    commis sioner 's . — A    police  commis- 

missioners.        o  • 

sioner  shall  be  elected  at  the  annual  election  in  the 
when  year  eighteen  hundred  and  ninety-two  and  every 
Term  of    second  year  thereafter,  and  shall  hold  office  for  four 

Powers 

years.  The  police  commissioners  so  elected  shall  be 
and  dunes.  members  Qf  fae  board  of  police  commissioners  of  said 
city.  It  shall  be  their  duty  to  attend  the  regular  and 
special  meetings  of  said  board  and  to  assist  in  per- 
forming the  duties  thereof  as  herein  defined  and 
compensa-  specified.  Said  police  commissioners  shall  serve  with- 
out compensation. 

Note  -.—As  to  time  of  election  of  police  commissioners  since  the  amendment  of  1895, 
see  note  to  last  section. 

Assessors.      §  7.  Assessors . — At  the  annual  election  to  be  held 
pursuant  to  this  act  in  the  year  eighteen  hundred  and 
(Tempo-    ninety-two  (or  if  there  shall  not  be  sufficient  time  after 
rPao?ntment.)  this  act  takes  effect  to  file  nominations  for  office  pursu- 
mection  of.  anttolaw  prior  to  said  election,  then  the  mayor,  upon 
the  expiration  of  any  term  or  vacancy  in  the  office  of 
assessor  shall  appoint  an  assessor  thereto  until  the 
annual  election  in  the  year  eighteen  hundred  and 
ninety-three,  when),  three  assessors  shall  be  elected  one 
of  whom  shall  hold  office  for  three  years ;  one,  for  two 
After  eiec-  years ;  and  one  for  one  year.    Within  ten  days  after 
termine first  notice  of  their  election,  the  persons  so  elected  as 

term  of  of-  ,  . 

hce  by  lot.  assessors  shall  meet  and  determine  by  lot  their 
respective  terms  of  office,  and  shall  appoint  one  of  their 
number  their  clerk,  who  shall  forthwith  file  in  the 
office  of  the  city  clerk  a  certificate  of  the  terms  of  office 
so  determined.  After  said  election,  the  offices  of  the 
presents-  present  assessors  of  said  city  shall  forthwith  cease,  and 

scssors  to  * 

end-  their  powers  and  duties  shall  thereupon  end.  After  the 
election  of  assessors  as  in  this  section  above  provided, 
one  assessor  for  said  city  shall  be  elected  at  each 
annual  election  and  shall  hold  office  for  three  years. 
Each  of  said  assessors  shall  receive,  as  compensation 
for  his  services,  the  sum  of  four  hundred  dollars  per 
annum,  and  in  addition  thereto  the  assessor  who  shall 


Term  of 
office  of 


Title  V.]  Kevised  Charter.  33 

be  appointed  by  said  assessors  as  their  clerk  shall 
receive  the  sum  of  one  hundred  dollars.    No  person  To  own 
shall  be  elected  to  the  office  of  assessor  who  shall  not  ^ 
be  an  owner  of  real  estate  in  said  city.    The  assessors  Duties  and 
shall  perform  all  the  duties  specified  and  required  Gf  P°wers" 
them  by  this  act  in  relation  to  the  assessment  of 
property  within  the  city  for  the  purpose  of  levying 
taxes  or   assessments   imposed,  or  which  may  be 
imposed,  by  law  and  by  the  common  council,  or  as 
provided  in  this  act;  and  to  that  end  they  shall 
possess  all  the  power  and  authority  of  assessors  in 
towns. 

r^N°TE:^STt0         Po°WerS         dUtiCS  °f  assessors'  under  general .  statutes,  see 
Chapter  908,  Laws  of  1896  (the  tax  law),  and  amendments. 

In  relation  to  making  and  publishing  lists  of  exempt  property,  see  Chapter  689 
Laws  of  1900. 

As  to  further  provisions  of  law  relating  to  powers  and   duties  of  local  asses- 
sors, see  Chapter  227,  Laws  of  1898  (Public  Improvement  Commission  Act),  infra 
bee  also  relative  to  erroneous  assessments,  Chapter  522,  Laws  of  1887. 
As  to  time  of  election  of  assessors,  see  notes  to  §  4,  supra. 

§  8.  Any  of  said  assessors  may  be  removed  from  Removal  of 
office  by  the  supreme  court  for  official  misconduct  or'01"""" 
ommission  to  perform  the  duties  of  his  office,  for 
inattention  to  such  duties  or  incompetency  well'  and 
faithfully  to  execute  the  same,  on  charges  preferred 

Charges, 

by  the  common  council,  or  by  at  least  four  resident  ^e 
tax  payers.    Such  charges  shall  be  contained  in  a 
written  complaint  setting  forth  the  same  at  length, 
and,  when  the  charges  are  preferred  by  taxpayers  as 
herein  provided,  such  complaint  shall  be  duly  veri- 
fied as  in  an  action  in  said  court.    Personal  service  of 
such  complaint  shall  be  made  on  such  assessor  and  an 
opportunity  of  being  heard  in  his  defense  shall  be 
given  him  in  such  manner  as  said  court  or  a  judge 
thereof  may  direct.    In  case  such  assessor  shall  deny 
such  charges,  or  take  issue  thereon  the  said  court 
shall  proceed  to  examine  and  try  the  whole  matter  Trial, 
involved  m  such  charges,  and  shall  render  judgment 
removing  such  assessor  from  office,  or  dismissing  the 
charges  against  him  as  the  court  may  determine. 
(As  amended  by  §  6,  Chapter  604,  Laws  of  1893.) 


34  Laws  of  the  City  of  Cohoes.      [Title  V. 

Justices  of  §  9  Justices  of  tlie  peace. — At  the  annual  election 
election  of.  jj^  ^e  held  pursuant  to  this  act,  in  the  year  eighteen 
hundred  and  ninety-four;  two  justices  of  the  peace 
shall  be  elected,  one  of  whom  shall  hold  office  for  two 
offic1?  °f  years?  ano^  the  other  for  four  years.  At  said  election 
At  first  dec- the  candidates  for  said  office  for  the  respective  terms 

tion;  term  t 

to  bedesig-r^Qye  mentioned  may  be  distinguished  on  the  ballots 

nated  on  *  ° 

ballots.  -foj  addition  to  the  words  designating  the  office  of 
the  words  "for  two  years"  or  "  for  four  years,"  as 
the  case  may  be.  After  the  election  of  justice  as  in 
the  section  above  provided,  one  justice  of  the  peace 
for  said  city  shall  be  elected  every  second  year,  and 
Im™to  shall  hold  office  for  four  years.  The  term  of  office  of 
begin' when  the  justices  of  the  peace,  elected  as  in  this  section 
provided,  shall  commence  on  the  first  day  of  January 
next  following  their  election. 

Note:— As  to  time  of  election  of  justice  of  the  peace,  see  note  to  §  4,  supra. 


jurisdic-       £  io.  The  justices  of  the  peace  of  said  city  shall  in 

tion.  '*;  J 

civil  actions  and  proceedings  have  and  exercise, 
within  said  city,  all  the  powers,  authority  and  juris- 
diction, and  discharge  all  the  duties  of  justices  of 
towns  in  this  state ;  and  all  laws  applicable  to  justices 
Laws  appn-  of  the  peace  of  towns  in  this  state  and  to  their  official 
justice? of  acts,  powers  and  duties   shall   apply,  within  said 

peace  in  7    x  . 

towns  apply  city,  to  justices  of  the  peace  of  said  city;  but  said 
justices  of  the  peace  shall  have  no  jurisdiction  in  any 
No  jurisdic-  criminal  action  or  proceeding.    The  said  justices  of 
minaTcases.  the  peace  shall  also  have  power  and  authority  to 
oaths.      administer  oaths  and  to  take  proofs  and  acknowledg- 
ments of  deeds  and  other  instruments  in  the  same 
manner  as  justices  of  the  peace  in  towns. 

Note:— Innholders  and  tavern  keepers  may  not  act  as  justices  of  the  peace.  See 
i      §  2866,  Code  of  Civil  Procedure. 

Justices  are  exempt  from  jury  duty.    See  id.  §  1033. 

May  solemnize  marriages.   See  §  11,  domestic  relations  law  (Chapter  272,  Laws  of 
1896),  as  amended  by  Chapter  339,  Laws  of  1901. 

May  not  take  fees  for  advice  in  certain  cases.  See  §  51,  Code  of  Civil  Procedure. 

Shall  not  induce  suits.    See  §§  137-138,  Penal  Code. 

May  act  as  coroner,  when.    See  §  1  and  §  3,  Chapter  379,  Laws  of  1864. 


Title  V.]  Revised  Charter. 

May  be  appointed  by  surrogates  to  take  depositions  in  proceedings  to  discover 
property.    See  §  2707,  Code  Civil  Procedure. 

As  to  power  of  justices  to  administer  oaths,  see  §  842,  Code  of  Civil  Procedure  •  and 
to  take  acknowledgments.   See  §  248,  real  property  law,  (Chapter  547,  Laws  of  1896) 

As  to  removal  of  justices  from  office.  See  §  17,  art.  6,  state  constitution,  and  §132 
Code  of  Criminal  Procedure. 

As  to  courts  of  justices  of  the  peace  and  proceedings  therein.  See  Chapter  19  Code 
of  Civil  Procedure.  *  ' 

§  11.  Before  entering  upon  the  duties  of  his  office, 
every  such  justice  shall  execute  a  bond  to  the  city  of  Bond- 
Cohoes,  conditioned  that  he  will  pay  over  on  demand 
to  the  officer,  person  or  persons  entitled  to  the  same 
all  moneys  received  by  him  by  virtue  of  his  office  and 
for  the  faithful  discharge  of  the  duties  of  his  office 
as  prescribed  by  this  act.    Every  such  justice  of  theoau, 
peace  shall,  at  or  before  the  time  of  filing  his  oath  of 
office,  file  with  the  county  clerk  a  certificate  of  the 
city  clerk  that  such  justice  has  filed  the  bond 
required  by  this  section. 

Norai-Concerning  official  oaths  and  undertakings  see  «  10  and  11  „f  ,k  L,. 
officers  law  (Chapter  681,  Laws  of  1892),  Infra.  PUbl'C 

§  12.  It  shall  be  the  duty  of  said  justices  of  theD 
peace,  each  and  every  day  of  the  year,  Sundays  and" 
legal  holidays  excepted,  to  attend  at  and  keep  open 
their  respective  offices  at  such  hours  and  during  such 
time  as  may  be  prescribed  by  the  common  council 
and  there  to  hear  all  matters  within  their  jurisdiction' 
Said  justices  shall  each  keep  a  docket  in  which  shall  D°<*«. 
be  entered  minutes  of  all  business  done  by  them  as 
such  justices  of  the  peace,  as  fully  and  in  the  same 
manner  as  is  now  provided  by  law  for  justices  of  the 
peace  of  towns  in  this  state.    Such  docket  shall  be 
and  remain  the  property  of  the  city  of  Cohoes  and 
shall  at  all  times  be  subject  to  inspection  and  exami- 
nation by  any  interested  person  or  party.  SuchS°<*« 
docket,  or  any  part  or  transcript  thereof,  may  beevidence 
read  m  evidence  in  the  same  manner  as  a  docket  or 
transcript  of  a  docket  of  a  justice  of  the  peace  in 
towns. 

Note  :-In  relation  to  docket  as  evidence,  see  §  938,  Code  of  Civil  Procedure. 


35 


>uty  of 
attendance. 


36  Laws  of  the  City  of  Cohoes.      [Title  V. 

Fees  and       §  13.  The   said   justices   of   the  peace  shall  be 

compensa-         o  J  J- 

don.  entitled  to  demand  and  receive  for  their  own  use 
and  benefit,  in  all  actions  and  proceedings  within 
their  jurisdiction,  and  for  all  services  rendered  by 
them  as  such  justices,  which  they  are  by  this  act 
authorized  to  perform,  the  fees  provided  by  law  in 

sJiary11  °f  the  case  °^  justices  of  the  peace  of  towns.  Such  fees 
and  allowances  shall  be  in  lieu  of  any  salary  and  shall 
be  all  the  compensation  to  which  said  justices  or 
either  of  them,  shall  be  entitled,  except  the  compen- 
sation to  be  paid  as  hereinafter  provided,  to  one  of 
said  justices  when  acting  as  recorder. 

Aldermen,     s  14.  Aldermen. — There  shall  be  elected  annually 

election  of 

Term  of  in  each  ward  one  alderman  who  shall  hold  office  for 
Dudes.  two  years.  It  shall  be  the  duty  of  every  alderman  to 
attend  the  regular  and  special  meetings  of  the  com- 
mon council;  to  act  upon  committees  when  there- 
unto appointed  by  the  mayor  or  common  council ;  to 
cause  the  arrest  of  all  persons  violating  the  laws  of 
this  state  or  the  ordinances,  by-laws  or  police  regula- 
Powers.  tions  of  the  city,  and  every  alderman  shall  have  the 
powers  of  a  peace  officer  to  make  the  arrest  of  any 
such  person;  to  report  to  the  mayor  or  common 
council  all  subordinate  officers  who  are  guilty  of  offi- 
cial misconduct  or  neglect  of  duty;  and  to  perform, 
or  assist  in  performing  all  such  duties  as  are  enjoined 
upon  the  aldermen  of  said  city  separately  or  upon  the 
common  council  thereof.  Except  as  otherwise  herein 
provided,  the  aldermen  shall  serve  without  compensa- 

compensa-  +jon    They  shall  be  fence  viewers  within  their  inspec- 
tion. J  m  , 
to  be  fence  tive  wards,    as  provided  in   section  two   01  title 

viewers. 

thirteen  thereof.* 

Note  :— Aldermen  have  power  to  solemnize  marriages,  see  §11,  Chapter  272,  Laws 
of  1896,  as  amended  by  §2,  Chapter  339,  Laws  of  1901  ;  sign  indentures  of  apprentice- 
ship of  indigent  minors,  see  §  73,  id.;  receive  election  lists,  see  §  62,  Chapter  909,  Laws 
of  1896.  As  to  their  powers  and  duties  as  fence  viewers,  see  §§  103-108  and  124-131, 
Chapter  569,  Laws  of  1890.  In  relation  to  mobs  and  riots,  see  §  106,  Code  of  Criminal 
Procedure. 


*So  in  the  original. 


Title  V.]  Revised  Charter,  87 

§  15.  Supervisors.—  There  shall  be  elected  in  each  f^-^ 
ward  in  said  city  in  the  year  nineteen  hundred  andtionoi- 
one  and  in  each  second  year  thereafter  one  supervisor* 
who  shall  hold  office  for  two  vears,  except  that  the Term  of 

"  office 

term  of  office  of  each  supervisor  elected  in  the  year 
nineteen  hundred  and  one  shall  begin  on  the  third 
Tuesday  of  April  next  succeeding  his  election  and 
shall  terminate  on  the  thirty-first  day  of  December  in 
the  year  nineteen  hundred  and  three.  The  term  of 
office  of  supervisors  elected  after  the  year  nineteen 
hundred  and  one  shall  begin  on  the  first  day  of 
January  next  succeeding  their  election  and  shall  con- 
tinue for  said  period  of  two  years.  Said  supervisors 
shall  be  members  of  the  board  of  supervisors  of  the 
county  of  Albany,  and  shall  have  the  same  powers  as  Powers, 
supervisors  of  towns,  except  as  otherwise  provided  in 
this  act,  and  shall  receive  the  compensation  allowed  compensa- 
by  law  to  supervisors  of  towns  in  said  county.  The 
supervisors  in  said  city  shall  assist  in  performing  the 
duties  specified  in  section  one  of  title  thirteen  of  this 
act,  and  the  supervisor  of  each  ward  shall,  with  the 
alderman  thereof,  be  fence  viewers  therein  as  specified  To  be  fence 

±  viewers. 

in  the  last  section. 

(As  amended  by  §  3,  Chapter  625,  Laws  of  1901.) 

Note  :— See  §  2,  general  city  law,  {Chapter  32?,  Laws  of  1900.  infra),  in  relation  to 
term  of  office  of  supervisors  in  cities. 

For  powers  and  duties  of  supervisors  in  towns,  see  town  law  (Chapter  569,  Laws 
of  1890).    See  also,  Chapter  355,  Laws  of  1886. 

In  relation  to  salary  of  supervisors  of  Albany  county,  see  Chapter  837,  Laws  of 
1872,  as  amended  by  Chapter  497,  Laws  of  1875. 
See  also  as  to  transaction  of  business  of  said  county,  Chapter  79,  Laws  of  1883. 

§  16.  [Repealed  by  §  15,  Chap.  298,  Laws  of  1901.] 

§  17.  Constables.—  There  shall  be  annually  elected  consul 
in  each  ward  of  said  city  one  constable,  who  shall  hold" 
office  for  one  year.    Before  entering  upon  the  duties  Bond 
of  his  office  every  such  constable  shall  execute,  with 
two  sureties  to  be  approved  by  the  common  council, 
an  instrument  in  writing,  whereby  said  constable  and 


es, 

election  of. 


38  Laws  of  the  City  of  Cohoes.      [Title  V. 

his  sureties  shall  jointly  and  severally  agree  to  pay  to 
each  and  every  person  who  may  be  entitled  thereto  all 
such  sums  of  money  as  said  constable  may  have  become 
liable  to  pay  by  reason  or  on  account  of  any  warrant, 
execution  or  precept,  which  shall  have  been  delivered 
to  him  for  service  or  collection,  and  that  he  will  faith- 
fully perform  the  duties  of  his  office ;  and  shall  also 
jointly  and  severely  agree  and  become  liable  to  pay 
each  and  every  person  entitled  thereto  for  any  damages 
which  he  may  sustain  from  or  by  any  act  or  thing  done 
by  said  constable  by  virtue  of  his  office  of  constable. 

powers.  The  said  constables  shall  possess,  in  all  civil  cases,  the 
same  powers  and  authority,  and  shall  perform  the 

Fees.  same  duties  and  be  entitled  to  the  same  fees  therefor, 
as  constables  in  towns  in  this  state,  and  they  shall 

Duties  in    perform  the  duties  imposed  upon  them  by  this  act  in 

[axesan?  relation  to  the  collection  of  taxes  and  assessments  in 

assess-  -  ,  ... 

ments-      said  city,  and  shall  receive  therefor  such  compensation 
as  is  allowed  by  law  to  constables  in  towns  for  like 
No  author-  services ;  but  said  constables  shall  have  no  power  or 
iScaCser  authority  to  serve  process,  or  to  act,  in  criminal  cases, 
bastardy  cases,  proceedings  against  disorderly  persons, 
nor  in  any  action  or  proceeding  unless  the  same  be  of 
Action,  on  a  civil  nature.    All  actions  upon  the  instrument  men- 
constable,  tioned  in  this  section,  executed  by  any  constable,  shall 
be  prosecuted  before  the  lapse  of  two  years  after  the 
expiration  of  the  term  for  which  such  constable  may 
have  been  elected  or  appointed.    Such  action  may  be 
maintained  by  and  in  the  name  of  any  person  entitled 
to  money  collected  by  virtue  of  any  warrant,  execution 
or  precept,  or  who  may  have  sustained  damages  by  the 
default  or  misconduct  of  such  constable ;  and  a  copy  of 
such  instrument,  duly  certified  by  the  city  clerk  under 
the  seal  of  the  city,  shall  be  presumptive  evidence  in 
all  courts  in  this  state  of  the  execution  of  the  same  by 
said  constable  and  his  sureties, 
inspectors      §  18.  Inspectors   of   election.— AX    each  annual 
efecdono"'  election  two  inspectors  of  election  shall  be  elected 


Title  V.]  Revised  Charter.  39 

in  each  election  district  duly  organized  in  said  city, 
who  shall  hold  office  for  one  year,  and  who  shall  be 
two  of  the  inspectors  of  election  for  such  district  at 
all  elections  to  be  held  therein  for  the  ensuing  year. 
Immediately  after  the  votes  of  the  annual  election 
shall  have  been  canvassed  by  the  common  council,  as  . 
herein  provided,  the  common  council  shall  appoint  Appoint- 
ors inspector  of  election  for  each  election  district,  to  £Sd  ^- 

'  spector. 

be  associated  with  said  two  inspectors  of  election  so 
elected,  and  who  shall  thereupon  be  one  of  the 
inspectors  of  election  of  such  district.  Such  inspector 
shall  be  appointed  from  the  two  persons  in  such 
election  district  who  of  the  adherents,  if  any  there  be, 
of  different  political  party  from  those  elected,  shall 
have  the  highest  number  of  votes ;  or,  if  there  be  no 
such  adherents  of  different  political  party,  then  from 
the  two  persons  having  the  highest  number  of  votes 
next  to  the  two  inspectors  so  elected.  And  no  ballot 
t  for  inspector  shall  be  counted  upon  which  more  than 
two  names  of  candidates  for  inspectors  shall  be  con- 
tained. The  common  council  shall  certify  and  include 
in  the  statement  specified  in  section  ten  of  title  three 
of  this  act,  the  appointment  of  each  inspector  made 
by  it  as  provided  in  this  section.  The  general  provi- 
sions of  law  in  relation  to  the  powers,  duties  and  General 
compensation  of  inspectors  of  election  shall  be  appli- 

ern  powers, 

it  •  p-i.-,-.  duties  and 

cable  to  inspectors  of  election  elected  and  appointed  compensa- 

1  *■  tion  of  in- 

under  this  act,  when  not  inconsistent  therewith.  specters. 

Note  :— Abrogated  by  the  election  law.    See  §§  11  and  12,  Chapter  909,  Laws  of 
1896,  as  amended  by  Chapter  95,  Laws  of  1901. 

APPOINTIVE  OFFICERS. 

§  19.  The  recorder.— There  shall  be  appointed  by  Recorder; 
the  mayor  of  said  city,  on  the  third  Monday  of  July,  SSSeS?" 
in  the  year  eighteen  hundred  and  ninety-two  and  on 
the  third  Monday  in  July  in  each  and  every  fourth 
year  thereafter,  a  suitable  person  to  be  recorder  of  said 
city.    The  official  title  of  the  person  so  appointed  shall  £fecial 
be  <  'recorder  of  the  city  of  Cohoes. ' '    No  person  shall  80Un"fica" 


/ 


\ 


OathT 

where  filed. 


40  Laws  of  the  City  of  Cohoes.      [Title  V. 

be  appointed  as  such  recorder  unless  he  shall  be  a 
resident  of  said  city,  and  shall  have  been  for  at  least 
one  year  previous  to  his  appointment  duly  admitted  to 
practice  as  an  attorney  and  counselor  in  the  several 
courts  of  this  state.  Before  entering  upon  the  duties 
of  his  office,  said  recorder  shall  take  and  subscribe 
before,  and  tile  with,  the  clerk  of  the  county  of  Albany 
Rooms,  etc.  the  cod stitutional  oath  of  office.    The  common  council 

for, 

shall  provide  for  said  recorder  a  suitable  room  or 
rooms  for  holding  court  and  transacting  such  other 
business  as  may  come  before  him,  and  all  other  neces- 
sary facilities. 

Hours  of       §  20.  It  shall  be  the  duty  of  the  said  recorder  to 

attendance.  ,    ,  . 

attend  at  his  said  room  or  rooms  from  nine  o  clock, 
forenoon,  till  twelve  o'clock,  noon,  and  from  two 
o'clock  till  four  o'clock,  afternoon,  each  and  every  day 
except  Sundays  and  legal  holidays,  and  to  hear  all 
matters  within  his  jurisdiction.    He  shall  keep  a 
Docket.     docket  in  which  shall  be  entered  a  record  of  all  con- 
victions and  judgments  had  and  rendered  before  him 
and  minutes  of  all  business  done  by  him  as  such 
recorder,  which  said  docket  shall  be  open  to  public 
costs, fees  inspection  during  office  hours.    All  costs  and  fees  and 
be  paid  to  all  lines  imposed  and  collected  by  said  recorder  or  by 
iainmT~    a  justice  of  the  peace  acting  as  recorder,  shall  be 
reported  daily  to  the  chamberlain  by  said  recorder  or 
justice,  and  shall  be  fully  paid  as  often  as  once  in  each 
wTeek  to  the  chamberlain  for  the  use  and  benefit  of  the 
Account  to  city  of  Cohoes.    The  recorder  shall  keep  an  accurate 
ar!dkecPounty  account  of  all  such  fees  and  of  all  criminal  business 

charges 

verified  and  done  by  him  or  said  justice,  which  shall  be  a  county 

'presented  •/  a  ■> 

to  board  of  charge,  and  shall  annually,  at  the  time  of  presenta- 

supervisors  o   ?  J  ?  *• 

for  audit.  t|on  0f  ciaims  against  the  county  of  Albany,  make 
out  and  verify  an  account  of  all  such  business  charge- 
able against  said  county,  and  present  the  same  to  the 
board  of  supervisors  thereof,  which  board  shall  audit 
the  same  to  the  city  of  Cohoes,  and  levy  and  collect 


Title  V.]  Revised  Charter.  41 

the  same  as  other  county  charges  are  levied  and 
collected. 

§  21 .  After  the  appointment  and  qualification  of  said 
recorder  in  accordance  with  the  provisions  of  section 
nineteen  of  this  title,  the  mayor  shall  select  and  desig  -  Mayor 


to 


^  designate 

nate  one  of  the  justices  of  the  peace  of  said  city  to  act  jg1^ to 
as  recorder  in  the  cases  mentioned  in  the  next  section,  of  reorder 
Such  designation  shall  continue  during  the  term  of  Casesnain 
office  of  said  justice.    The  mayor  shall  cause  to  be 
served  upon  said  justice  by  the  clerk  of  the  city  a 
written  notice  of  his  selection  and  designation  as  afore- 
said. Said  justice  of  the  peace,  when  acting  as  recorder,  g°™Jf  "^ch 
shall  be  entitled  to  receive  the  sum  of  three  dollars justice- 
for  each  day  of  service.    His  account  for  such  services 
shall  be  audited  by  the  common  council  and  the 
amount  thereof  shall  be  deducted  by  the  common 
council  from  the  salary  of  the  recorder. 

§  22.  In  case  of  sickness,  absence  from  city,  or  when  such 

.  .  justice  to 

disability  or  inability  of  the  recorder  to  act,  the  act- 
justice  of  the  peace,  designated  as  provided  in  the  last 
section,  shall  exercise  in  the  place  of  the  recorder  all 
the  powers,  except  those  of  a  county  judge  specified 
in  the  next  section  but  one,  herein  conferred  upon  said 
recorder.    Such  justice  of  the  peace  when  acting  as  Manner  of 

his  signing 

recorder,  shall  m  signing  process  or  paper,  add  to  his  Process. 
official  title  the  words,  "acting  as  recorder     and  said 
justice  having  in  place  of  the  recorder,  once  entered 
upon  the  trial  or  hearing  of  any  action  or  proceeding  Trial  before 
may  proceed  to  the  determination  thereof ;  otherwise  f*jr^ 
jurisdiction  or  charge  of  any  action,  proceeding  or 
business  instituted  or  pending  before  the  said  recorder, 
or  justice  acting  as  recorder,  shall  be  resumed  by  or 
devolved  upon  said  recorder  upon  his  return  to  his 
official  duties. 

§  23.  The  recorder  shall  demand  and  receive  in  all  demand- 
proceedings  before  him  and  for  all  services  rendered  recorder, 
by  him  as  such  recorder,  the  fees  provided  by  law,  and 


determina- 
tion. 


Laws  of  the  City  of  Cohoes.      TitJe  V.] 

all  fees  and  charges  legally  payable  only,  and  when- 
ever, any  suit  or  proceeding  pending  before  him  shall 
be  settled  or  dismissed  by  consent,  as  in  the  case  of 
justices  of  the  peace  in  towns  in  criminal  actions  and 
proceedings  before  them.  Any  fine  imposed  upon  any 
person  who  in  default  of  the  payment  thereof  shall 
have  been  committed  to  the  Albany  penitentiary  or 
other  place  of  confinement  provided  by  law,  by  said 
recorder  or  justice  of  the  peace  acting  as  such,  shall 
be  paid  to  said  recorder  or  justice,  or  to  the  superin- 
tendent or  keeper  of  said  penitentiary  or  other  place 
of  confinement ;  and  without  such  payment  the  person 
so  committed  shall  not  be  released  until  he  shall  have 
served  out  his  full  term  of  imprisonment  or  shall  have 
been  discharged  according  to  law. 

§  24.  The  said  recorder,  having  duly  qualified  as 
recoXr01  herein  provided,  shall  possess  all  the  powers  and  juris- 
diction conferred  by  this  act  upon  such  officer,  and 
shall  have  and  exercise  the  powers  of  a  county  judge 
as  provided  by  title  twelve  of  chapter  seventeen  of  the 
Code  of  Civil  Procedure  and  shall  have  the  same 
power  and  authority  to  administer  oaths  and  take 
affidavits  and  acknowledgments  of  deeds  and  other 
instruments  as  possessed  by  justices  of  the  peace  in 
towns,  and  shall  be  entitled  to  the  same  fees  therefor, 
.  except  as  provided  in  section  sixty -one  of  this  title. 
All  powers,  jurisdiction  and  authority  hereby  con- 
ferred upon  said  recorder  shall  be  exercised  by  him 
within  the  city  of  Cohoes. 

tJkmSdic"  §  25 •  reorder  shall,  except  in  case  of  sickness, 
absence  from  the  city,  or  disability  or  inability  to  act, 
have  jurisdiction  exclusive  of  any  justice  of  the  peace 
or  other  officer,  except  judges  of  courts  of  record,  to 
issue  all  criminal  process  and  all  process  in  criminal 
actions  and  proceedings,  which  a  single  justice  or  two 
justices  of  the  peace  in  towns  are  empowered  or 
directed  by  law  to  issue ;  to  hear  all  complaints  and 


42 


Punish- 
ment for 
non-pay- 
ment of 
fees. 


[Title  V.  Revised  Charter.  43 

conduct  all  examinations  in  criminal  cases;  to  hold  Ma^  hold 

'  courts  of 

courts  of  special  sessions  with  all  the  powers  and  sT0encsialetces" 
jurisdiction  of  such  courts  as  regulated  by  law  and 
this  act ;  and  jurisdiction  is  hereby  exclusively  con- 
ferred upon  said  recorder,  in  the  first  instance,  to 
hear,  try  and  determine  all  charges  for  misdemeanors 
and  habitual  drunkenness  and  all  charges  for  being 
disorderly  persons  as  defined  in  section  eight  hundred 
and  ninety-nine  of  the  Code  of  Criminal  Procedure,  or 
to  require  from  the  person  specified  in  said  section, 
when  so  charged  before  him,  the  security  mentioned 
in  section  nine  hundred  and  one  of  said  code ;  and  also 
to  hear,  try  and  determine  all  charges  for  the  follow- 
ing acts,  which  are  hereby  declared  to  be  offenses  and 
the  persons  committing  the  same  disorderly  persons, 
to  wit :    Disturbing  the  people  or  the  public  peace ; 
engaging  in  noisy,  loud  or  tumultuous  conduct,  tend- 
ing to  disturb  the  people  or  the  public  peace ;  using 
either  loud,  vulgar,  insulting,  abusive  or  threatening 
language,  whereby  the  public  peace  and  quiet  is  dis- 
turbed, or  whereby  a  breach  of  the  peace  is  intended 
to  be  committed,  or  whereby  there  is  a  tendency  to 
commit  a  breach  of  the  peace,  or  whereby  a  breach  of 
the  peace  may  be  occasioned,  or  whereby  others  may 
be  incited  to  commit  a  breach  of  the  peace;  or  fight- 
ing or  quarreling  to  the  disturbance  of  the  public 
peace  and  quiet,  or  improperly  assembling  without 
good  cause  or  reason  upon  any  of  the  streets,  alleys, 
public  places,  sidewalks  or  street  corners  in  said  city, 
and  loitering  there  to  the  annoyance  of  passers-by,  or 
of  persons  doing  business  in  the  vicinity,  or  obstruct- 
ing or  preventing  free   and  unmolested   travel  of 
pedestrians  after  having  been  ordered  by  the  police 
or  by  the  owner  or  occupant  of  adjoining  premises  to 
disperse;  he  shall  also  have  exclusive  jurisdiction 
and  authority  to  issue  all  process,  hear  and  determine 
all  complaints  and  charges  and  exercise  all  powers  of 
magistrates  in  cases  of   bastardy;    but   the  above 


44  Laws  of  the  City  of  Cohoes.     [Title  Y. 

enumerated  offenses  shall  be  triable  before  the 
recorder  only  when  charged  to  have  been  committed 
within  the  territorial  limits  of  his  jurisdiction,  and 
before  re-  sna11  De  subject,  like  the  cases  therein  mentioned,  to 
the  provisions  of  sections  fifty-seven  and  fifty -eight  of 


corder  sub- 
ject to 

PoTerf  the  Code  of  Criminal  Procedure.  Said  recorder  shall 
b?nf|enerai  Possess  al*  other  powers  and  jurisdiction  conferred  by 

statute. 

& 


general  statute  upon  recorders  in  cities. 

Note  :— The  term  judge  includes  a  recorder.  See  §  3343,  Code  of  Civil  Procedure, 
The  recorder  has  jurisdiction  in  controversies  between  masters  and  servants,  see 
§  927,  Code  of  Criminal  Procedure  ;  in  applications  for  discovery  of  property  of 
decedents,  see  §  2708,  Code  of  Civil  Procedure  ;  in  summary  proceedings,  see 
§  2234,  Code  of  Civil  Procedure ;  in  contested  election  cases,  see  §  64,  Chapter  682\ 
Laws  of  1892. 

He  may  solemnize  marriages,  see  §  11,  domestic  relalion  law  (Chapter  272,  Laws 
of  1896),  as  amended  by  §  2  Chapter  339,  Laws  of  1901  ;  approve  the  bonds  of  auc- 
tioneers, see  §  53  domestic  commerce  law  (Chapter  376,  Laws  of  1896);  and  in  cases  of 
mobs  and  riots  may  call  for  aid  of  national  guard,  see  §  86,  Chapter  212,  Laws  of  1898, 

May  summon  witnesses  before  committee  of  common  council.  See  §§  6  and  7 
general  city  law,  infra. 

se°nTeence0       §  ^  rec°rder  shall  have  power  to  sentence  all 

persons  who  may  be  found  guilty  of  any  offence 
triable  before  him,  and,  upon  conviction  therefor,  to 
punish  by  fine  not  exceeding  five  hundred  dollars,  or 
by  imprisonment  in  the  Albany  county  penitentiary, 
at  hard  labor,  for  a  term  not  exceeding  one  year,  or, 
whenever,  as  determined  by  him,  the  term  of  imprison- 
ment of  any  person  found  guilty  as  aforesaid  shall 
not  exceed  sixty  days,  by  imprisonment  either  in  the 
Cohoes  jail  or  in  said  penitentiary,  in  his  discretion, 
for  the  term  so  determined,  or  by  such  fine  and  imprison- 
ment; but  in  all  cases  of  misdemeanor,  where  the 
punishment  prescribed  by  law  exceeds  that  in  this 
section  above  specified,  said  recorder  shall  have  the 
SeTo  im- same  power  and  jurisdiction  to  sentence  as  the  Albany 
tPoric°ohoesnt  county  court  now  has  in  like  cases ;  and  he  shall  have 
jaii  when.  tjie  p0wer?  UpQn  conviction,  to  commit  any  child 
under  sixteen  years  of  age,  brought  before  him  for 
trial  or  examination,  not  charged  with  felony,  to  any 
institution  authorized  by  law  to  receive  such  children, 
or,  in  his  discretion,  to  said  Cohoes  jail,  separate  and 
apart  from  adult  persons  convicted  of  crime,  to  be 


Title  V.]  Revised  Charter.  45 

there  detained  not  exceeding  thirty  days.  Whenever 
he  shall  try,  convict  and  sentence  any  person  as  herein 
provided,  the  recorder  shall  file  with  the  superin- 
tendent or  keeper  of  the  Albany  county  penitentiary,  commit- 
or  of  the  Cohoes  jail  or  other  place  of  confinement  filed, 
provided  by  law,  to  which  the  person  may  be  sen- 
tenced,, a  commitment  of  the  person  so  convicted  and 
within  twenty  days  thereafter  file  with  the  clerk  of 
the  county  of  Albany  a  record  of  such  conviction. 

(As  amended  by  §  1,  Chapter  275,  Laws  of  1896). 

§  27.  When  any  person  charged  with  any  offense  Duty  to 
triable  before  said  recorder  shall  be  brought  before  Sc. charge' 
him,  it  shall  be  the  duty  of  said  recorder  to  hear,  try 
and  determine  such  charge  according  to  law,  whether 
the  person  charged  requests  to  be  tried  or  not.  Before  May  ad- 
entering  upon  such  trial  said  recorder  may,  in  his  dis-  j°urn 
cretion,  adjourn  the  same  from  time  to  time  for  the 
purpose  of  procuring  material  testimony,  either  on  the 
part  of  the  people,  or  of  the  accused,  and  may  commit 
the  accused  to  the  Cohoes  jail  until  such  adjourned 
day,  or  suffer  such  acused  to  go  at  large  upon  his  or  May  take 
her  executing  to  the  people  of  the  state  of  New  York,  appearance 

-tit  °f  accused. 

and  filing  with  the  recorder,  a  bond  with  one  or  more 
sureties  to  be  api>roved  by  the  recorder,  in  a  penalty 
not  exceeding  one  thousand  dollars,  conditioned  for  Penalty 
the  personal  appearance  of  the  accused  before  the1  erem" 
recorder,  on  the  day  to  which  said  trial  shall  be 
adjourned,  or  to  which  the  same  may  thereafter  be 
adjourned,  and  that  he  will  not  depart  therefrom 
without  leave  of  the  court. 

§  28.  Said  recorder  shall  have  power  and  authority  May  COm- 
to  commit  for  trial  all  persons  who  shall  be  guilty  of  for  trial, 
felonies  not  triable  before  him.    He  shall  have  power  May  admit 
to  admit  to  bail  persons  charged  before  him,  or  byb^nwhen. 
indictment,  with  felony,  when  the  imprisonment  in 
state  prison,  on  conviction,  can  not  exceed  ten  years. 


4(5  Laws  of  the  City  of  Coiioes.     [Title  V. 

fudldSfon    §  29-  Tne  sai<*  recorder  in  addition  to  the  jurisdic- 
tion and  powers  hereinbefore  conferred,  shall  possess 
exclusive  jurisdiction  and  authority  for  the  issuing  of 
process  and  for  the  trial  and  determination  of  all 
actions  arising  under  the  ordinances  and  by-laws  of 
fngu^de?8" said  cit^'  and  for  tne  enforcement  of  all  forfeitures, 
!awsbyetc.  fines  and  penalties  imposed  by  such  ordinances  and 
by-laws,  and  also  in  all  actions  for  the  enforcement  of 
the  rules  and  regulations  of  the  board  of  health  of 
SionsSUChsaid  city-    A11  sucn  actions  shall  be  commenced  by 
commenc.  warrant,  in  the  name  of  the  city,  upon  the  complaint 
Sytoap-"  of   tne  city  attorney,  any  police  officer  or  health 
b?haifnof    officer  of  said  city.    In  any  such  action  in  which  a  police 
the  city.     0facer  or  the  health  officer  is  complainant,  the  com- 
plainant may  serve  a  written  request  upon  the  city 
attorney  to  appear  in  behalf  of  the  city  ;  and,  upon 
his   own   complaint,  or  upon  the  service  of  such 
request,  it  shall  be  the  duty  of  the  city  attorney  to 
i'n\euchions  so  aPPear-    Upon  the  rendition  of  judgment  against 
actions,     the  defendant  in  any  such  action,  execution  may  be 
issued  therein  immediately,  and  shall  require  if  the 
officer  to  whom  it  is  issued  can  not  find  goods  or 
chattels  of  the  defendant  whereof  judgment  can  be 
collected,  that  the  defendant  be  imprisoned  in  the 
Cohoes  jail  for  a  term  not  exceeding  thirty  days. 
c°mpS°fIn  any  such  action  it  shall  be  sufficient  to  state 
in  the  complaint  the  title  and  section  or  sections  of 
the  act,  ordinance,  by-law  or  regulation  alleged  to  be 
violated,  the  time  of  its  passage,  and  the  amount  of 
the  penalty  claimed.    Any  other  facts  may  be  given  in 
wp^ed evidence  without  being  stated  in  the  complaint.  Such 
act,  ordinance,  by  law  or  regulation  may  be  read  in 
evidence  before  the  recorder  either  from  copies  of 
the  same,  signed  by  the  city  clerk  under  the  seal  of 
the  city,  or  from  any  printed  volume  containing  the 
same,  accompanied  by  a  certificate  signed  by  said 
clerk,  that  such  volume  was  printed  by  authority  of 
the  common  council  of  said  city. 

Note  :— As  to  manner  of  proving  ordinance,  see  §  941,  Code  of  Civil  Procedure. 


1 


Title  V.]  Revised  Charter.  47 

§  30.  When  a  bond  or  recognizance,  given  as  here-  Prosecution 

O  5  n  on  bond. 

inbefore  provided  shall  be  forfeited,  the  recorder  shall 
cause  it  to  be  delivered  to  the  city  attorney  of  said 
city  of  Cohoes,  with  a  request  indorsed  thereon  by  the 
said  recorder  that  the  city  attorney  commence  an 
action  to  recover  the  penalty  of  said  bond ;  and  the 
city  attorney  shall  thereupon  commence  such  action  ^^^/j 
without  delay,  in  the  name  of  the  people  and  for  thesecare 
benefit  of  the  city  of  Cohoes,  and  prosecute  the  same 
to  a  determination.  All  moneys  collected  in  such 
suits,  or  upon  such   bonds,  shall  immediately  be 

Moneys 

accounted  for  and  paid  over  by  said  citv  attorney  tobe  Paid  for 

.  t/  «7  0f  City 

the  chamberlain  of  the  city  of  Cohoes  for  the  use  and 
benefit  of  said  city. 

§  31.  The  term  of  office  of  said  recorder  shall  be  Term  of 

_L'  office  of 

tour  years.   He  shall  receive  a  salary  of  two  thousand  recorder, 
dollars  per  annum.    He  shall  not  receive,  for  his  ownSaar> 
use,  any  fee  or  compensation  for  his  services  as  such 
recorder,  other  than  said  salary,  except  as  provided  in 
section  twenty-four  of  this  title.  Whenever  a  vacancvyac^cy  }° 

J  be  filled  bv 

shall  occur  jn  said  office  the  mayor  shall  appoint  a  ™apy0c£ts 
suitable  person  to  fill  such  vacancy  for  the  balance  of ment 
the  unexpired  term.  Vacancy  in  said  office  shall  result 

Vacancy  to 

n  n  -,  .  result,  how. 

irom  death,  removal  from  the  city,  removal  from  office, 
or  inability,  other  than  temporary,  of  the  incumbent 
to  discharge  the  duties  of  the  office.    Said  recorder  Removal  of 
may  be  removed  from  office  in  the  same  manner  and^effect- 
for  the  same  cause  as  is  provided  by  law  for  the 
removal  of  justices  of  the  peace  of  towns  in  this  state. 

§  32.  It  shall  be  the  duty  of  the  officers  of  the  Police  to 
police  force  of  said  city,  and  they  are  hereby  em- process  is- 
powered,  to  serve  all  process,  including  venires,  issued recorder- 
by  said  recorder  or  justice  acting  as  such. 

§  33.  The  chamberlain. — There  shall  be  a  suitable  Chamber - 
person  appointed  as  provided  in  this  act  who  shall  Appoint- 
be  the  chamberlain  of  said  city.     Said  chamberlain  Duties  of  in 

general. 


48  Laws  of  the  City  of  Cohoes.     [Title  V. 

shall  receive  and  safely  keep  all  moneys  belonging  to 
the  city  and  shall  pay  out  such  moneys  only  in  pur- 
suance of  orders  of  the  common  council  appropriating 
the  same  and  upon  warrants  drawn  and  signed  by  the 
city  clerk  and  countersigned  by  the  mayor,  except  as 
to  receive  herein  otherwise  provided.    He  shall  receive  all  state, 

all  taxes, 

etc-  county,  city  and  local  taxes  and  assessments,  including 
water  rents,  which  may  be  paid  at  his  office;,  and  he 
shall  retain  in  his  office,  and  not  elsewhere,  the  pos- 
session of  all  warrants,  and  tax  and  assessment  rolls, 
which  may,  from  time  to  time,  be  delivered  to  him  by 

to  enter    ^he  supervisors  or  the  clerk  of  the  city.  He  shall  enter 

receipts,  -»-  * 

bookj.11      daily  in  suitable  books,  provided  by  the  common 
council  for  his  use,  all  his  receipts  and  payments,  in 
such  manner  as  to  exhibit  the  several  amounts  paid  to 
him  or  by  him,  under  each  class  of  purposes  for  which 
money  shall  be  raised  by  tax  in  said  city,  with  the 
name  of  each  person  by,  to,  or  for  whom,  and  on  what 
account  the  same  shall  have  been  paid ;  and  he  shall     u  ^ 
enterfin  a  column  in  the  tax,  or  assessment  mil,  in  Ms 
possession^)  opposite^  the  names  of  the  persons  who 
shall  pay  their  taxes,  assessments  or  water  rents,  the  ~ 
dutiesan?  amount  paid,  and  the  date  of  payment.    Except  as 
p°wecr^r0sfin  herein  otherwise  provided,  said  chamberlain  shall 
towns.      possess  all  the  powers  and  perform  all  the  duties  pos- 
sessed and  performed  by  the  collectors  of  towns.  It 
shall  be  his  duty  on  the  third  Tuesday  in  November  in 
each  year,  and  at  such  other  times  as  the  common 
to  file  an-  council  may  require,  to  present  to  it  and  hie  with  the 
ment,  etc.,  clerk  a  detailed  written  statement  of  all  his  receipts 

with  clerk. 

and  payments  of  money  belonging  to  the  city,  since 
the  date  of  his  last  annual  report,  and  of  the  financial 
condition  of  the  treasury,  which  statement  shall 
contain  the  number  of  each  warrant  upon  which,  and 
— the  name  of  each  person  to  or  for  whom,  a  payment 
shall  be  made  by  him,  and  the  purpose  of  each  pay- 
ment. The  financial  condition  of  the  several  boards 
or  departments  of  said  city  shall  be  subject  to  the 


Title  V.]  Revised  Charter.  49 

inspection  of  the  finance  committee  thereof  at  all 
times  during  the  office  hours  of  said  chamberlain. 
The  common  council  shall  cause  every  such  annual 
report  to  be  published  in  at  least  one  newspaper  Report  to 
printed  in  said  city.    All  fees  and  interest  moneys1^- 

J     All  fees 

received  by  the  chamberlain  on  account  of  collections^^, 
made  by  virtue  of  any  tax  warrant,  or  otherwise,  shall 
be  paid  by  him  into  the  treasury  of  the  city.  UrJ.treas~ 
(As  amended  by  §  4,  Chapter  625,  Laws  of  1901.) 

Note  :-As  to  disposition  of  balance  of  proceeds  of  sale  of  lienor,  see  §  84  of  the  lien 
law,  (Chapter  418,  Laws  of  1897). 

§  34.  The  chamberlain  shall,  from  time  to  time,  whereto 
deposit  all  moneys  received  by  him  as  such  officer  in  fSfof 
some  solvent  bank  to  his  credit  as  chamberlain.    ]NTo  °  y' 
liability  shall  attach. to  said  chamberlain  in  case  of  the 
subsequent  insolvency  of  said  bank,  providing  the 
same  was,  at  the  time  of  such  deposit,  in  good  stand- 
ing and  credit,    He  shall  transfer  his  account  and  to  transfer 
deposit  to  any  other  solvent  bank,  when  ordered  by  whS? 
the  common  council  so  to  do.    He  shall  be  the  treas- 
urer of  the  funds  of  the  several  boards  and  depart- 
ments of  said  city.    The  term  of  office  of  said  cham-Termof 
berlain  shall  continue  two  years,  except  as  provided  °ffice' 
by  section  nine  of  title  four  -of  Ihis  act.    He  shall 
receive  an  annual  salary  of(two^housand1dollars.  His  salary, 
office  shall  be  kept  open  each  day  in  the  year,  Sundays  office  to  be 
and  legal  holidays  excepted,  and  during  such  hours  as°P"n,W 
the  common  council  may  direct. 

(As  amended  by  §  2,  Chapter  802,  Laws  of  1895.) 

§  35.  Before  any  warrant  for  the  collection  of  taxes  Bonds  for 
that  shall  have  been  issued  by  the  board  of  supervisors  county11 

_e     i  taxes. 

ot  the  county  of  Albany  shall  be  delivered  to  said 
chamberlain,  he  shall  execute  an  additional  bond  to 
the  supervisors  of  the  city  with  two  or  more  sureties,  . 
to  be  approved  by  the  said  supervisors,  in  a  penalty 
the  amount  of  taxes  directed  to  be  collected  in  the  city 
by  such  warrant,  conditioned  that  he  will  faithfully 
collect  such  taxes  and  pay  over  the  same  according  to 


50  Laws  of  the  City  of  Cohoes.     [Title  V. 

law ;  which  bond  the  said  supervisors  shall,  within  six 
days  after  the  same  shall  have  been  approved  by  them 
deliver  to  the  clerk  of  the  county  of  Albany,  with  such 
Bond  a  nen  approval  indorsed  thereon.    Such  bond  shall  be  duly 
estate.      recorded  by  the  clerk  as  in  the  case  of  collectors  of 
towns  and  shall  be  a  lien  upon  the  real  estate  of  said 
chamberlain  and  his  sureties  in  the  county  of  Albany. 
Said  bond  shall   continue  and  hold  good  without 
renewal  until  the  expiration  of  the  time  allowed  for  the 
Form  of    collection  of  said  taxes  as  herein  provided.    The  form 

bond.  x 

of  said  bond  shall  be  in  accordance  with  the  above- 
named  provisions*  should  the  chamberlain  after  he  is 
notified  by  the  supervisors  of  the  city  to  give  a  bond 
as  aforesaid,  refuse  or  neglect  for  ten  days  to  execute 
?efusai°to  sucn  bond,  his  office  shall  thereby  become  vacant,  and 
give  bond.  |]le  common  council  shall  immediately  proceed  to  fill 
such  vacancy. 

city  cierk.     §  36.  The  Clerk. — The  clerk  of  said  city  shall  have 
Duties  of.  the  custody  of  the  seal  records,  books  and  papers 
SerkCofas    thereof,  except  as  otherwise  provided  by  this  act.  He 
coSJdTand  shall  attend  all  its  meetings  and  act  as  the  clerk  of  the 
keep  record,  common  council,  and  he  shall  record  all  by-laws, 
ordinances,  rules,  regulations,  resolutions  and  proceed- 
ings of  the  common  council,  and  the  proceedings  at 
elections  and  meeting  of  the  inhabitants  of  said  city, 
and  shall  prepare  and  deliver  to  the  mayor  transcripts 
of  all  orders,  resolutions  and  ordinances  passed  by  the 
To  see  to    common  council.    He  shall  see  that  all  ordinances, 
ordinandi  resolutions,  notices  and  other  matters  requiring  publi- 
cation are  promptly  and  correctly  published  as  required 
by  this  act,  or  as  the  common  council  may  direct,  and 
shall  preserve  and  have  bound,  from  time  to  time, 
regular  files  of  the  newspapers  containing  the  advertise- 
ments of  the  city  ;  and  shall  carefully  arrange,  index 
and  file,  all  books  and  papers  convenient  for  use.  He 
To  correct  shall,  under  the  direction  of  the  common  council,  cor- 
errorsin    rect  all  clerical  errors  in  the  assessment-rolls  of  said 

assessment-  

r0^'  *  So  in  the  original. 


town  clerk's 
office  for 
certain  pur- 
poses. 


Title  V.]  Revised  Charter.  r}1 

city  relating  to  the  description  of*  valuation  of 
property.    The  books  and  papers  in  his  office  shall  be 

Books  and 

produced  on  reasonable  demand  for  the  inspection  of  be?Sea-y 
any  elector  of  said  city,  and,  upon  like  demand  and^' 
tender  of  fees  at  the  rate  of  ten  cents  per  folio  there- 
for, he  shall  furnish  a  copy  of  any  paper  or  record 
filed  or  kept  with  him  as  such  clerk.    His  office  is  office  a 
hereby  declared  a  town  clerk's  office  for  the  purpose 
of  depositing,  filing  and  entering  of  record  all  books 
and  papers  required  by  law  to  be  deposited,  filed  or 
entered  of  record  in  a  town  clerk's  office,  and  he  shall, 
in  and  for  said  city,  possess  the  powers,  discharge  the 
duties  and  receive  the  fees  of  a  town  clerk,  except  as 
herein  otherwise  provided.  He  shall  keep  an  accurate  To  keeP 
account  of  all  moneys  received  by  him  belonging  to  °* 

■  i         .  ,  -.     -|  -|     n  "  t5-L-LJ-n    vlJ  moneys 

the  city,  and  shall,  forthwith  after  receipt  by  him  of  anTT3, 
any  such  moneys,  pay  the  same  to  the  chamberlain,  lalE- 
for  which  he  shall  take  a  receipt  from  the  chamber- lai" 
lain,  and  file  the  same  in  his  office,  and  have  all  such 
receipts  ready  at  all  times  for  examination  by  the 
common  council  or  any  member  thereof.    He  shall  To  counter 
countersign  all  licenses  granted  by  the  mayor,  or^"*** 
common  council  and  all  warrants  drawn  bv  orrW  nf  ™™^p 

jt  .,  J  Ui  memorand; 

the  common  council  upon  the  chamberlain  for  pay- of  same'elc 
ments  of  moneys  belonging  to  the  city,  and  shall  keep 
accurate  memoranda  of  all  such  licenses  and  warrants 
in  separate  books  to  be  provided  by  the  city  for  that 
purpose,  specifying  in  the  book  of  warrants  the 
number  of  each  warrant,  the  purpose  of  which,  the 
*  number  of  voucher*  and  date  of  the  resolution  upon 
which  it  was  issued,  and  in  the  book  of  licenses  the 
date  of  each  license,  to  whom  granted,  for  what  time 
and  purpose,  and  the  amount  paid  therefor.  He  shall 
also  keep  such  other  books  as  may  be  required  by 
this  act  or  by  the  common  council.    He  shall,  within  to 


>  deliver 


twenty-four  hours  after  each  and  every  meeting  of  the EtaE^T 
common  council,  make  and  deliver  to  the  chamberlain'^-™-" 

   lating-  to 

*  So  in  the  original.  '  finances. 


0,  OF  lit-  U0' 


52  Laws  of  the  City  of  Cuhoes.      [Title  V. 

a  copy,  certified  by  biro,  of  all  resolutions  and  proceed- 
ings of  the  common  council  relating  to  the  finances  of 
to  report  the  city.    He  shall,  when  required  by  the  common 

to  common  m  m  . 

council  on  council,  report  m  writing  at  each  regular  meeting 

condition  of  '        x  0  0  ^ 

funds.  thereof  the  amount  of  all  orders  drawn  on  the  several 
funds  in  the  hands  of  the  chamberlain  since  the  last 
regular  meeting  of  the  common  council;  and  the 
unexpended  balance  of  each  of  said  funds. 

?e°coredSsof       §        Copies,  printed  or  written,  of  all  papers  filed  in 
fied'by Sim,  his  office  and  transcripts  thereof,  and  of  the  records 
evidence.         proceecjingS  0f  the  common  council,  and  copies  of 
the  ordinances  of  the  city,  certified  by  him  under  the 
corporate  seal  of  the  city,  shall  be  evidence  in  all  courts 
and  places  with  like  effect  as  the  original  would  be  if 
to  serve    produced.    The  clerk  shall  serve  upon  all  persons 

notices  of  i- 

appointed  to  office  under  the  provisions  of  tins  act, 
written  notice  of  their  appointment,  as  provided  in 
"  section  eleven  of  title  three  of  this  act"  in  the  case  of 
persons  elected  to  office.  In  addition  to  the  duties 
required  of  him  by  this  act,  he  shall  perform  such 
other  duties  as  may  be  reasonably  required  of  hi  in  by 
the  common  council,  or  by  the  several  boards  of  the 
cierk/™    city.  In  case  of  sickness  or  absence  or  disability  of  the 

tern.  ■*  1  " 

clerk  to  act,  the  common  council  are  authorized  to 
appoint  a   clerk  pro  tempore,  who  on  taking  the 
required  oath,  shall  possess  the  powers  and  perform 
dutTeTInd  the  duties  of  clerk  during  the  continuance  of  such 
don o? derk  absence  or  disability.    The  amount  to  be  paid  for  the 
pro  tem.     gervj_ce  0f  such  pro  tempore  clerk  shall  be  determined 
by  the  common  council,  and  may  be  deducted  from 
Term  of     the  salary  of  the  city  clerk.   The  city  clerk  shall  hold 
office  for  one  year,  and  for  all  services  which  he  may 
be  required  to  perform  under  this  act,  he  shall  receive 
salary.     a  salary  of  eight  hundred  dollars. 

Note:— The  city  clerk  is  also  clerk  of  the  public  improvement  commission.  See 
§  20,  Chapter  227,  Laws  of  1898  (public  improvement  commission  act),  infra. 

Notices  to  be  served  on  a  board  or  body  may  be  served  on  the  clerk  or  chairman 
thereof.    See  §  20  of  the  statutory  construction  law  (Chapter  077,  Laws  of  1892). 


appoint- 
ment on 
persons  ap- 
pointed to 


A  dditional 
duties. 


Title  V.] 


Revised  Charter. 


53 


As  to  filing  of  marriage  certificates  or  contracts  with  the  city  clerk  and  the  fees  to  be 
paid  therefor,  see  §§  11,  15  and  17  of  the  domestic  relations  law,  (Chapter  272,  Laws  of 
1896),  as  amended  by  §§  2,  3  and  5,  Chapter  339,  Laws  of  1901. 

As  to  duties  of  the  clerk  with  regard  to  elections,  see  §§  32,  35,  58  and  59  of  the 
election  law  (Chapter  909,  Laws  of  1896),  as  amended  by  Chapter  630.  Laws  of  1899  and 
Chapter  95,  Laws  of  1901;  also,  §§  87  and  89  of  the  election  law  (Chapter  909,  Laws 
of  1896). 

Documents,  books,  papers,  etc.,  of  the  justices  of  the  peace  whose  office  has  become 
vacant  to  be  deposited  with  the  city  clerk.    See  §§  3144-3147,  Code  of  Civil  Procedure- 
Slips  of  laws  passed  by  the  legislature  and  concurrent  resolutions  affecting  the  city 
to  be  sent  to  the  clerk.    See  §  49,  Chapter  682,  Laws  of  1892,  as  amended  by  Chapter 
259,  Laws  of  1896. 

As  to  filing:  with  clerk  of  enrollment  of  persons  liable  to  military  duty,  see  §§  2  and  4, 
of  the  military  code  (Chapter  21  •',  Laws  of  1898). 

As  to  notices  to  be  given  clerk  of  application  of  aliens  to  become  citizens,  his  duties 
and  fees  in  relation  thereto,  see  §§  4,  5.  7  and  8,  Chapter  927,  Laws  of  1 895. 

As  to  notices  to  be  given  clerk  that  G.  A.  R.  posts  intend  to  supervise  relief  of  poor 
veterans,  see  §  81  of  the  poor  law  (Chapter  225,  Laws  of  1895),  as  amended  by  Chapter 
337,  Laws  of  1898 

For  general  provision  of  law  as  to  the  duties  of  clerk  in  relation  to  taxes  and  assess- 
ments, see  tax  law  (Chapter  908,  Laws  of  1896). 

As  to  filing  of  chattel  mortgages  with  the  clerk,  see  §  92  of  the  lien  law  (Chapter  418, 
Laws  of  1897),  as  amended  by  Chapter  219,  Laws  of  1901. 

§  38.  The  city  attorney . — There  shall  be  a  proper  city  attor- 

x       x       ney,  how 

and  suitable  person  appointed  as  provided  by  this  act,  app°inted- 
who  shall  be  the  attorney  anil  counsel  and  the  legal 
adviser  of  and  for  the  city,  and  its  mayor  and  several  Legal 
officers,  boards  and  departments.   He  shall,  under  the  city^etc.0 
direction  of  the  common  council,  have  the  manage-  charged 

,  with  control 

ment,  charge  and  control  ot  all  law  business  of  the  city,  of  an  law 

^     business  for 

and  of  all  law  business  in  which  the  city  in  its  owncily>etc- 
behalf  or  in  the  behalf  of  its  officers,  boards  or  depart- 
ments shall  be  interested.  He  shall  draw  all  leases, 
deeds,  contracts  and  other  legal  papers  for  the  city  and 
its  several  boards.  He  shall  have  the  charge,  manage- 
ment and  control  of,  and  shall  conduct  all  the  proceed- 
ings  necessary  in   opening,  widening,  altering,  or  Duties  in 

t  -n  regard  to 

extending  streets,  alleys,  avenues  or  roads,  and  in  alllocalim- 

.  provements 

other  local  improvements,  and  shall  perform  such  other 
legal  services  as  may  be  required  of  him  by  this  act  or 
by  the  common  council,  pursuant  to  law  and  the  ordi- 
nances of  the  city  of  Cohoes.  He  shall  receive  an 
annual  salary  therefor  not  exceeding  twelve  hundred  salary, 
dollars,  to  be  fixed  by  the  common  council,  exclusive 
of  all  disbursements,  and  in  full   for  all  services 


54     '  Laws  of  the  City  of  Cohoes.      [Title  V. 

offiC?.of  rendered  or  performed  by  him  as  herein  required.  The 
said  attorney  shall  hold  his  office  for  one  year^  and 
whenever,  by  the  expiration  of  the  term  of  the  incum- 
bent, or  by  his  removal  from  office,  or  in  any  other 
manner  a  vacancy  shall  occur,  a  new  city  attorney  may 
be  appointed  who  shall  be  entitled  to  receive  and  take 

S0boeoSks0n  Possessi°n  °f  all  books  and  papers  appertaining  to  the 
office  or  in  his  possession,  and  all  pending  suits  shall, 
unless  otherwise  directed  by  the  common  council,  be 

rueksding  prosecuted  or  defended  by  the  city  attorney  in  office ; 
and  the  out-going  city  attorney  or  his  legal  representa- 
tive shall,  on  demand,  deliver  all  books  and  papers 
appertaining  to  the  office  to  the  newly  appointed 
officer  so  entitled  to   receive  the  same.    The  e&yC/1^ 

to  keep  ac- attorney  shall  keep  an  account  of  the  moneys  actually 
expended  in  the  prosecution  of  such  duty,  or  in  the 
performance  of  any  legal  business  on  behalf  of  the 
city,  by  and  under  the  direction  of  the  common  council, 
and  such  expenses  shall  be  audited  and  paid  as  other 

SionT  accounts  against  the  city  are  audited  and  paid.  All 
attorney  and  counsel  fees  arising  or  accruing  in  any 
action,  or  in  any  proceeding  for  any  local  improve- 
ment or  otherwise,  shall  belong  to  the  city  and  shall 
be  paid  to  the  chamberlain.  The  ckjy  attorney  shall 
keep  an  account  of  all  fees  and  costs  collected  by 
him  in  city  business,  and  shall  account  for  the  same 
as  money  had  and  received  on  behalf  of  the  city; 

?nce°onftinu"  Dut  ne  snaii  n°t  discontinue  any  suit  or  proceeding, 

smts.  or  make  aily  compromise,  settlement  or  remission  of 
fees,  costs  and  charges  without  the  advice  and  con-. 

to  furnish  sent  of  the  mayor.    It  shall  be  the  dutv  of  the  city 

opinion  v  «/  «/ 

Sired1"6"  attorney  when  required  by  resolution  of  the  common 
council,  to  furnish,  in  writing,  his  opinion  on  any 
question  submitted  by  such  resolution,  which  opinion 
shall  be  hied  in  the  office  of  the  clerk  of  the  city.  The 
common  council,  by  a  vote  of  two-thirds  of  the  mem- 
bers thereof,  may  at  any  time  remove  the  city  attorney 
from  office. 

w.-  /. 


Removal 
from  office 


Title  V.]  Revised  Charter.  55 

.  Note  .-—The  city  attorney  is  the  legal  adviser  and  attorney  for  the  several  boards 
and  departments,  and  they  may  not  employ  other  counsel  and  create  liability  against 
the  city  for  such  services.    See  Shepard  vs.  the  city  ofCohoes.  12  W.  Dig.  76. 

,->§"~39.  The  city  engineer  and  survey  or. — There  shall  Engineer 

1  1  •  j      1    1  ailCl  SUr" 

be  a  proper  and  suitable  person  appointed  as  pro-vey°r- 

vided  by  this  act,  as  and  who  shall  be  the  city  engineer 

and  surveyor.    It  shall  be  the  duty  of  said  engineer  Duties  in 

"  °  general.  . 

and  surveyor  to  make  or  cause  to  be  made  all  surveys 
and  maps  required  by  the  common  council  or  by  the 
city  attorney,  or  by  the  general  assessors  of  the  city  or 
by  this  act,  or  by  any  other  act  relating  to  the  city  of 
Cohoes,  and  perform  all  such  other  professional  duties 
and  services  as  may,  from  time  to  time,  be  required  by 
the  common  council.  He  shall  keep  in  his  office,  Tokeep 
which  shall  be  m  'said  cit  v,  a^book  of  records  in  which record  of 

■  1     "  A    •      _  streets,  etc. 

he  shall  enter  the  survey  and  map  of  every  street, 
avenue,  alley,  lane  or  highway  in  said  city,  and  the 
grade  thereof  which  has  heretofore  or  may  hereafter 
be  laid  out  or  dedicated,  either  by  said  city  or  any 
person  or  persons  or  corporation,  unless  the  same  has 
been  already  so  entered  therein ;  and  said  book  shall 
also  contain  a  survey  and  map  made  by  said  engineer 
and  surveyor,  of  all  sidewalks,  sewers,  and  inlets  in 
said  city,  which  are  or  may  be  established  by  the 
common  council;  and  said  book  shall  also  contain  a 
survey  and  entry  of  all  water  pipes  and  mains  and 
hydrants,  and  where  laid  and  located.    The  said  engi-  to  super- 

-,  ,     ,  ,  ,  ^     vise  con- 

neer  and  surveyor  shall  see  that  the  construction  of  all  struct™  of 

bridges,  etc. 

bridges,  sewers,  culverts,  drains,  wells,  cisterns,  streets, 
alleys,  avenues,  roadways,  clocks,  piers  and  wharves 
b- longing  to  the  city,  including  grading,  paving  and 
curbing  of  streets,  avenues,  alleys  and  sidewalks,  and 
the  putting  down  of  the  hydrants  and  water  mains  in 
said  city  is  properly  done  and  completed,  and  that  the 
contracts  in  relation  to  the  same  have  been  properly 
performed,  and  shall  furnish  to  the  common  council  a 
certificate  in  writing  to  that  effect  whenever  the  same 
is  so  completed  and  performed.*    All  property  and 


56  Laws  of  the  City  of  Cohoes.      [Title  V. 

materials  of  every  kind,  including  maps,  books,  charts, 
surveys  and  other  papers  coming  into  his  possession 
by  virtue  of  his  office  shall  be  the  property  of  the  city. 
Term  of    He  shall  hold  his  office  for  one  vear  and  shall  receive 

office.  p"*  «•«•  \ 

salary.  a  salary  of  Jfiye  hundred  dollarsj  The  said  engineer 
to  be  ex-   anci  surveyor  shall  be  ex-officio  a  commissioner  of 

officio  com-  ^ 

™,gsoner of  deeds  of  the  city  of  Cohoes. 

superin-  §  40.  The  superintendents^  of  streets  and  public 
streets.  0  grounds. — The  superintendent  of  streets  and  public 
Duties  in  grounds  shall,  under  direction  of  the  common  council, 
general.  SUperintenct  all  repairs  and  improvements  upon  the 
streets,  avenues,  alleys  and  public  places  of  the 
city,  the  building  and  repairing  of  bridges,  sewers, 
crosswalks,  sidewalks,  curbs  and  gutters  and  shall  hire 
and  employ  the  requisite  laborers,  and  direct  them  as 
to  the  time  and  manner  of  the  execution  of  their  work, 
except  as  otherwise  provided.  He  shall  perform  such 
other  duties  connected  therewith  as  may  from  time  to 
Power  to  time  be  required  by  the  common  council.  He  shall 
have  no  power  to  contract  any  debt  or  liability  on  the 
part  of  the  city,  unless  by  resolution  of  the  common 
council  authorized  so  to  do,  and  he  shall  not  employ 
his  own  team  or  wagon  except  with  the  consent  of  the 
common  council.  Whenever  the  common  council  shall 
order  any  of  the  repairs  or  improvements  to  be  made, 
or  the  work  to  be  done,  specified  in  this  section,  it 
shall,  in  the  resolution  making  such  order,  direct  as 
to  the  time  and  manner  of  making  such  repairs  or 
improvements  or  doing  such  work,  and  shall  also 
make  such  appropriation  therefor  as  it  may  deem 
necessary.  When  such  appropriation  is  exhaustedrthe 
p?fationpro"  superintendent  shall  discontinue  the  repairs,  improve- 
ments or  work  for  which  the  same  was  made.  In  case 
such  superintendent  fails  so  to  discontinue,  he,  with 
his  sureties,  shall  be  personably  liable  for  all  the  work 
done  after  such  appropriation  is  exhausted,  either  to 


contract 
debts  limit 
ed. 


Not  to  ex- 


So  in  the  original. 


and 


ac- 
with 


Title  V].  Revised  Charter.  57 

the  men  employed  or  to  the  city,  if  such  men  shall  be 
paid  by  the  city,  unless  the  common  council  deems 
proper  to  make  a  further  appropriation  for  the  same 
purpose.    The  mayor  and  clerk  shall  each  keep  an  Mayor 
accurate  account  with  each  appropriation  made  as^^ 
aforesaid,  and  charge  such  appropriation  with  each  °e™f£ 
warrant  drawn  thereon  and  signed  by  them  ;  and  they 
shall  refuse  to  sign,  and  the  common  council  shall 
have  no  power  to  draw  warrants  in  payment  of  soch 
persons  to  a  greater  amount  than  the  sum  appropriated 
for  the  work  on  which  they  were  employed.   The  said 
superintendent  shall  each  month  and  whenever  anysuperin 
appropriation  shall  have  been  exhausted-  as  above  ~  u 
mentioned,  or  whenever  required   by  the  common 
council,  at  a  regular  meeting  thereof,  present  to  said 
common  council  a  statement  in  writing,  in  detail, 
under  oath,  setting  forth  the  amount  of  work  done  to 
date  of  report,  and  when  and  where  done,  and  the 
condition  of  such  work,  the  names  of  the  persons 
employed  by  him,  of  work  done  by  each,  their  wages 
per  day  and  the  amount  due  each  and  the  amount  of 
materials,  articles  and  orders  furnished,  to  whom 
furnished,  when  and  for  what  purpose  and  the  amount 
due  on  and  for  the  same.    It  shall  be  the  duty  of  the  Duly  of  a, 
aldermen  of  the  ward  or  wards,  where  such  work  shall  ~0n 
have  been  done,  to  be  informed  concerning  the  condi- 
tion  and  progress  of  such  work,  and  to  examine  such 
statement  and  report  thereon  to  the  common  council. 
The  said  common  council  shall  examine  such  state- 
ment and  report  and  if  it  approve  the  same,  and  if  the 
several  persons  mentioned  in  said  statement  shall  have 
made  the  affidavit  prescribed  by  section  one  of  title 
twelve  of  this  act,  then  by  resolution  of  said  common 
council,  warrants  shall  be  drawn  payable  to  the  several 
persons  whose  names  appear  in  such  statement  for,  and 
m  payment  of  the  amounts  due  them  respectively 
Said  superintendent  shall  be  removable  at  pleasure  byRemovaiof 
the  common  council,  and  shall  receive  for  his  services  EEEST 


Office. 


monthly  to 

common 

council. 


58  Laws  of  the  City  of  Cohoes.     [Title  V. 

Salafy      a  salary  to  be  fixed  by  the  common  council,  not  to 
exceed  eight  hundred  dollars  a  year. 

thIpSoeoer,of  '§  41 '  Tlie  omrseeT  of  the  poor.— The  overseer  of 
the  poor  shall,  subject  to  the  provisions  of  this  act, 
Kbiikfeind  nave  tlle  same  powers,  with  the  same  restrictions  and 
liabilities,  as  overseers  of  the  poor  of  towns  in  the 
county  of  Albauy;  and,  for  all  purposes  relating  to 
the  maintenance  and  support  of  the  poor,  the  city  shall 
be  treated  as  one  of  the  towns  of  said  county.  Said 
overseer  of  the  poor  shall  occupy  an  office  to  be  pro- 
vided by  the  common  council,  in  some  central  and 
convenient  part  of  the  city,  and  shall,  at  the  first 
mSmX'to  regular  meeting  of  the  common  council  in  each  month, 
report  to  it  in  writing,  in  detail,  under  oath,  all 
appropriations,  expenditures,  temporary  relief  and 
allowances  made  by  him  as  such  officer  during  the  last 
preceding  month.  Said  report  shall  specify  ,the  name 
of  each  person  relieved,  with  the  quantity,  quality 
and  price  of  each  article  furnished,  and  from  whom 
obtained  ;  it  shall  also  contain  the  names  of  all  persons 
to  whom  meals  and  lodgings  have  been  furnished,  and 
the  number  of  such  meals  and  lodgings,  from  whom 
obtained  and  the  cost  of  the  same.  Said  report  shall 
be  accompanied  with  the  written  orders  given  by  the 
aldermen,  as  mentioned  in  section  forty-four  of  this 
title,  and  with  a  statement  of  all  applications  not 
granted  and  the  reason  therefor. 

Note  :— The  overseer  of  the  poor  is  subject  to  the  provisions  of  the  general  poor 
law  (Chapter  225,  Laws  of  1896),  except  as  otherwise  specially  provided  by  law.  See 
§  29,  of  said  chapter. 

Artitle  II  of  the  Poor  Law  applies  to  overseers  of  the  poor. 

Said  §  29  requires  the  overseer  to  report  to  the  common  council  at  the  beginning  of 
the  fiscal  year. 

Unclaimed  surplus  moneys  arising  from  sale  of  stray  beasts  shall  be  paid  to  him.  See 
§  133,  town  law  (Chapter  569,  Laws  of  1890). 

Also  one-half  of  penalties  for  illegal  use  of  labels,  etc.,  of  labor  organizations,  etc. 
See  §  16  of  the  labor  law  (Chapter  415,  Laws  of  1897). 

As  to  actions  by  or  against  overseers  of  the  poor,  see  §  1926-1931,  Code  of  Civil 
Procedure  ;  2  R.  S.,  474,  §§  102-103. 


Title  V.]  Revised  Charteb,  59 

§  42.  Said  overseer  shall  possess  all  the  powers  and  General 
authority,  subject  to  any  modifications  herein,  of  over- 
seers  of  the  poor  of  the  several  towns  in  this  state,  in 
relation  to  the  support  of  indigent  persons,  the  binding 
out  of  children,  the  safe  care  and  keeping  of  lunatics, 
the  care  of  habitual  drunkards,  the  binding  and  con- 
tracting to  service  of  disorderly  persons,  the  support 
of  bastards  and  proceedings  to  charge  the  parents  of 
such  bastards. 

8»I!n7:^AS^the-inStitUti0n  of  bastara>  Proceedings  by  overseers  of  the  poor,  see 
§  840,  Code  of  Criminal  Procedure. 

As  binding-  out  of  disorderly  persons,  see  §  910,  Id. 

*St(°  aPPlications  °y.  ^  the  appointment  of  committee  of  lunatics,  see  2324- 
4625,  Lode  of  Civil  Procedure. 

t  A  S  t0AUo^S  °f  °Verseers  of  the  P°or  relative  to  habitual  drunkards,  see  Chapter  229 
Laws  of  1840.  1 

(rt*  t0  thoe.in?entUre,  °f  aPPrentices  ^  Poor  officers,  see  §  73,  domestic  relations  law 
(Chapter  272,  Laws  of  189  ). 

§  43.  Indigent  persons  and  such  others  as  shall  beind 
entitled  to  relief  under  the  laws  of  this  state,  who  are,  pen 
or  who  shall  become  chargeable  or  likely  to  become 
chargeable  to  the  city,  being  in  said  city  shall  continue 
to  be  supported  and  relieved  in  the  manner  provided 
by  law  in  respect  to  the  county  of  Albany.  All 
persons  applying  for  any  such  relief  shall  make  applica- 
tion in  writing,  which  application  shall  be  filed  and 
preserved  by  the  overseer  of  the  poor  and  delivered 
monthly  to  the  clerk.  All  charges  and  accounts  against  city 
the  city  for  services  rendered,  acts  done  or  means chanres 
furnished  by  virtue  of  this  and  the  preceding  section, 
shall  be  audited  by  the  common  council  in  the  same 
manner  and  at  the  same  time  similar  accounts  are 
audited  in  the  several  towns  in  the  county  of  Albany 
by  the  respective  town   boards;    and  all  accounts 
properly  chargeable  against  the  county  of  Albany,  County 
shall  be  audited  by  the  board  of  supervisors  of  said  ChargeS' 
county  of  Albany,  in  the  same  manner  as  the  accounts 
of  towns  and  town  officers  are  audited  and  allowed  by 
them. 


gent 
persons. 


60  Laws  of  the  City  of  Cohoes.     [Title  Y. 

Smpornafy°f  §  44-  Said  overseer  of  the  poor  shall  not  grant 
poor!to  medical,  surgical  or  temporary  relief,  or  board  and 
lodging  for  any  poor  or  indigent  person,  atthe  expense 
of  the  city,  without  the  written  order  or  authority, 
first  had  and  obtained,  of  at  least  two  aldermen,  and 
in  such  case  not  to  an  amount  exceeding  the  sum 
limited  in  such  order,  nor  without  the  written  petition 
of  the  applicant.  Any  medical,  surgical  or  temporary 
relief,  or  board  and  lodging,  furnished  without  such 
order  or  petition,  shall  not  be  a  valid  claim  or  be 
recovered  against  the  citjc;  and  said  common  council 
are  prohibited  from  auditing  or  allowing  any  such 
claim  or  account  to  any  person  whatever.  For  a 
violation  of  this  section  the  common  council  may 
ofU£o?i-e   remoye  said  overseer  of  the  poor.    The  common  council 

by  common 

of  said  city  shall  have  the  power  and  authority  to 
council.     contract  for  and  purchase  at  such  times  and  in  such 
quantities  as  they  shall  deem  necessary,  for  the  tem- 
porary relief  of  the  poor  of  said  city,  provisions, 
articles  and  fuel,  to  be  delivered  at  certain  times,  at 
the  storerooms  provided  as  herein  authorized  for  said 
overseer  of  the  poor,  and  at  such  other  places  as  the 
common  council  of  said  city  shall  specify,  or  in  the 
case  of  fuel,  at  the  houses,  of  said  poor.  Said  common 
council  shall  have  the  power  and  authority  to  provide 
said  overseer  of  the  poor  with  a  suitable  building  or 
2o?Seo°fr  rooms   for  tne  storage  of  provisions   and  articles 
supplies,    obtained  by  the  said  common  council  for  the  temporary 
relief  of  the  poor  of  said  city  and  such  offices  and 
waiting  rooms,  books  and  furniture  necessary  for  the 
proper  discharge  of  the  duties  conferred  upon  said 
overseer  of  the  poor  by  the  provisions  of  this  act. 
Furnishing  And  said  overseer  of  the  poor  shall  furnish  such 

ot  supplies  F 

by  overseer  provisions,  articles  and  fuel  /to  the  poor  of  said  city  in 
such  manner  as  he  shall  /be  directed  to  do  by  the 
common  council  of  said  city. 


(As  amended  by  §  1,  Chapter  551,  Laws  of  1899.) 


Title  V.]  Revised  Charter.  61 

§  45.  Said  overseer  of  the  poor,  in  performing  the  Not to  be  in 
duties  of  his  office  under  the  provisions  of  this  act  and  fffSh 
the  laws  of  this  state,  shall  not  furnish  to  any  person  $feHL" 
whatever,  groceries,  fuel,  medicines  or  other  supplies 
belonging  to  himself  or  in  which  he  is  interested,  nor 
shall  he  be  interested  in  any  contract  for  the  purchase 
thereof  from  any  other  person,  or  receive  any  com- 
mission on  the  sale  thereof,  or  be  in  any  wise  benefitted 
by  the  furnishing  of  any  such  groceries,  provisions, 
fuel,  medicines,  supplies  or  temporary  relief ,  and  shall 
each  month  make  oath  to  that  fact  and  present  the 
same  to  the  common  council  with  his  account.    For  a 
violation  of  this  section  the  overseer  of  the  poor  may 
be  removed  from  office  by  the  common  council  after 
an  opportunity  to  be  heard  in  his  defense.  The 
common  council  is  hereby  prohibited  from  auditing 
any  account  or  claim  to  such  overseer  for  anything 
furnished  in  violation  of  this  section  after  proof  of 
such  violation. 

§  46.  Said  overseer  of  the  poor  shall  have  r»ower  toMayexa- 
examine  under  oath  any  person  applying  to  him  forS££.appli" 
relief,  and  false  swearing  during  such  examination 
shall  be  deemed  wilful  perjury.    He  shall  have  the  Bastardy 
same  power  to  settle  bastardy  cases  within  said  city, cases 
as  is  now  conferred  upon  superintendents  of  the  poor. 
He  shall  receive  an  annual  salary  of  eight  hundred Salar^ 
dollars. 

§  47.  The  sealer  of  weights  and  measures.—  Theseaier  of 
sealer  of  weights  and  measures  shall  take  charge  of  ™urefd 
and  provide  for  the  safe- keeping  of  the  city  standards  Powers  and 
of  weights  and  measures,  and   shall  see  that  the^' 
weights  and  measures  and  all  apparatus  used  for 
determining  the  quantity  of  commodities  used  through- 
out the  city  agree  with  the  standards  in  his  possession. 
He  shall  visit  semi-annually,  commencing  in  the  month 
of  March  and  September,  all  places  of  business  in  said 
city  where  such  weights,  measures  or  apparatus  are 


Rules  for 
his  guid- 


62  Laws  of  the  City  of  Cohoes.      [Title  V. 

used,  and  shall  carefully  inspect  and  mark  the  same  as 
required  by  law,  and  all  such  weights,  measures  or 
apparatus  used  in  said  city  by  any  person  or  persons 
having  no  fixed  place  of  business  therein  shall  be  so 
inspected  and  marked  by  him  semi-annually.  The 
common  council  shall  prescribe  rules  and  regulations 
for  the  guidance  of  said  sealer  of  weights  and  measures 
in  the  performance  of  his  duties,  and  shall  fix  the 
compensa-  fees  or  other  compensation  to  which  he  shall  be 
entitled.  Except  as  herein  otherwise  provided  he  shall 
be  subject  to  the  provisions  of  law  in  relation  to 
town  sealers  of  weights  and  measures. 


Pound- 
master. 


Note:— For  the  general  provisions  of  law  relating  to  the  duties  and  compensation 
of  city  sealers,  see  §§  15,  16  and  17,  domestic  commerce  law  (Chapter  376.    Laws  (jl 

ofl896)-  ^M^H^  r 

I  48.  The poundmaster The  poundmaster  shall 
perform  such  duties  and  receive  such  fees  or  other 
compensation  therefor  as  may  be  prescribed  by  the 
common  council,  and  except  as  herein  otherwise 
provided,  he  shall  be  subject  to  the  provisions  of  law 
in  relation  to  poundmasters. 


Commis- 
sioners of 
deeds. 
Term  of 
office  and 
powers. 


§  49.  Commissioners  of  deeds.—  The  commissioners 
of  deeds  shall  hold  office  for  two  years  and'  shall 
possess  the  same  powers  in  .the  county  of  Albany  as 
are  conferred  by  law  upon  commissioners  of  deeds  for 
the  city  of  Albany,  and  be  entitled  to  the  same  fees 
for  services  performed  by  them.  A  certificate  of  their 
appointment  attested  by  the  clerk  under  the  corporate 
seal  of  the  city  shall  be  filed  with  the  clerk  of  the 
county  of  Albany  and  the  oath  of  office  of  said  com- 
missioners shall  be  taken  before  and  filed  with  said 
ofncemay  county  clerk .    The  holder  of  any  other  office  under 

be  held  J  7    .  ™  •  • 

with  other,  this  act  may  also  ho^d  the  office  ot  commissioner  ot 
deeds  if  appointed  thereto. 


Oath. 


Note:— For  the  general  provisions  ot  law  relative  to  commissioners  of  deeds  in 
cities,  see  §  86,  of  the  executive  law  (Chapter  663,  Laws  of  1892)  as  amended  by  §  1, 
Chapter  88,  Laws  of  1894.    See  also  §  842,  Code  of  Civil  Procedure. 


(ja  %m* 


i 


Title  Y.]  "Revised  Charter.  68 

MISCELLANEOUS  PROVISIONS  RELATING   TO  OFFICERS. 

§  50.  No  person  shall  be  elected  or  appointed  to  anv  °nly  resid- 

-Ojvt^i-  -a  ,  1   ents  to  hold 

omce  under  tins  act,  unless  he  shall  be  a  resident office- 
elector  of  said  city,  nor  to  any  ward  or  district  office 
unless  he  shall  be  a  resident  elector  of  the  ward  or 
election  district  for  which  he  is  elected  or  appointed ; 
and  whenever  any  such  officer  shall  cease  to  be  a  resi- 
dent of  said  city  or  of  the  ward  or  election  district  for 
which  he  is  elected  or  appointed  his  office  shall  thereby 
become  vacant. 

§  51 .  Every  person  elected  or  appointed  to  any  office  Every  ofii- 
under  this  act,  before  entering  on  the  same  shall  take  oath0ofokf- 
the  oath  prescribed  by  the  constitution  of  this  state 
before  the  mayor  or  some^offieei^^ 

affidgjdlsuto .be  read  in  courts  of  justice,  and  file  the  Oath  where 
same  with  the  city  clerk,  except  thaf  the  mayor, ^ 
justices  of  the  peace,  recorder  and  commissioners  of 
deeds  shall  file  their  oaths  of  office  with  the  clerk  of 
Albany  county,  and  the  city  clerk  shall  file  his  said 
oath  with  the  mayor;  and  except  as  otherwise  pro- Penalty  for 
vided,  any  person  elected  or  appointed  to  any  office neglm' 
under  the  provisions  of  this  act,  including  any  office  to 
which  any  board  has  the  right  to  appoint,  who  shall 
not  within  ten  days  after  notification  of  his  election  or 
appointment  take  the  required  oath  of  ,  office  and  file 
the  same  as  herein  provided,  and  give  the  security 
required  by  this  act,  shall  be  deemed  to  have  declined 
the  office,  and  the  vacancy  in  such  case  shall  be  forth- 
with filed*  as  herein  provided.  It  shall  be  sufficient  for  oath  and 
justices  of  the  peace  elected  for  a  full  term  to  file  such  tKfSfST 
oath  and  give  such  security  on  or  before  the  fifteenth  fjpfiled' 
day  of  December  in  the  year  of  their  election. 

Note:— For  general  statute  relative  to  official  oaths,  see  §10,  public  officers  law, 
infra. 

§  52.  Whenever  a  vacancy  shall  occur  in  any  elective  vacancies 
office,  the  common  council  shall,  unless  otherwise  pro-  officeT how 
vided  herein,  fill  the  same  utotil  the  next  annual  elec- 
tion,  by  appointment  thereto!  of  a  person  having  all  the 

*So  in  the  original. 


64  Laws  of  the  City  of  Cohoes.     [Title  V. 

qualifications  for  election  to  such  office.  At  the  next 
annual  election,  a  person  shall  be  elected  to  such  office 
for  the  residue,  if  any  there  be  unexpired,  of  the  term 
of  such  office,  in  the  manner  provided  in  this  act  for 
an  election  for  a  full  term  to  such  office.  Any  person 
appointed  to  any  office,  or  elected  thereto  for  the 
residue  of  an  unexpired  term,  as  provided  in  this 
section,  shall  possess  all  the  powers,  and  be  subject  to 
all  the  duties  and  requirements  conferred  or  imposed 
by  law  upon  the  officer  whose  unexpired  term  such 
person  is  appointed  or  elected  to  fill. 

commence-     8  53   £[1  officers  elected  at  the  annual  election  shall, 

ment  and  0 

of  termi°Sf  unless  herein  otherwise  provided,  enter  upon  the 
office'  duties  of  their  respective  offices  on  the  first  Tuesday 
after  the  first  Monday  of  January  succeeding  their 
election,  and  continue  in  office  until  the  first  Tuesday 
after  the  first  Monday  of  January  in  the  year  of  the 
expiration  of  their  respective  terms,  and  until  their 
successors,  duly  chosen,  have  taken  the  oath  of  office 
and  become  duly  qualified  to  serve.  All  officers 
appointed  by  the  common  council  to  fill  a  vacancy,  as 
provided  in  the  last  section,  shall  enter  upon  their 
duties  immediately  after  qualifying  therefor,  and  shall 
continue  in  office  until  the  first  Tuesday  after  the  first 
Monday  of  January  next  following,  and  until  others 
are  elected  or  appointed  in  their  places  and  have 
become  duly  qualified.  All  officers  elected  to  office 
for  the  residue  of  an  unexpired  term,  as  provided 
in  the  last  section,  shall  enter  upon  the  duties 
of  their  respective  offices  on  the  first  Tuesday  succeed- 
ing their  election,  or  as  soon  thereafter  as  qualified. 
On  the  Tuesday  next  succeeding  the  first  Monday  of 
November,  in  the  year  eighteen  hundred  and  ninety- 
five,  a  mayor,  a  police  commissioner  and  two  assessors 
shall  be  elected  in  said  city.  At  the  same  time  there 
shall  be  elected  in  each  ward  in  said  city  one  super- 
visor, two  alderman,  and  two  constables.    The  term 


Title  V.]  Revised  Charter. 

of  office  of  said  officers  shall  commence  and  continue 
as  follows :  The  term  of  office  of  the  mayor,  a  police 
commissioner  and  one  assessor,  and  in  each  ward  the 
term  of  office  of  one  alderman,  and  one  constable, 
shall  commence  the  third  Tuesday  in  April;  in  the 
year  eighteen  hundred   and   ninety-six,  and  shall 
continue  as  prescribed  in  the  case  of  those  officers 
respectively,  by  the  act  hereby  amended,  or  by  law ; 
and  the  other  of  said  assessors'  term  of  office  shall 
commence  on  the  Tuesday  next  succeeding  his  election 
and  shall  continue  until  the  third  Tuesday  in  April, 
in  the  year  eighteen  hundred  and  ninety-eight.  The 
term  of  office  of  one  alderman  in  each  ward,  shall 
commence  on   the  Tuesday  next   succeeding  their 
election  and  shall  continue  until  the  third  Tuesday  in 
April,  in  the  year  eighteen  hundred  and  ninety-seven  ; 
and  the  term  of  office  of  one  constable  in  each  ward 
shall  commence  on  the  Tuesday  next  succeeding  his 
election  and  continue  until  the  third  Tuesday  in  April, 
in  the  year  eighteen  hundred  and  ninety-six.  Where  Desi 


signa- 


two  candidates  for  the  same  office,   with  terms  of-banoT 
unequal  duration,  are  to  be  voted  for  in  any  ward,  such 
unequal  terms  shall  be  distinguised  upon  each  ballot 
by  the  words  "long  term"  or  "short  term",  as  the 
case  may  be,  beneath  the  name  of  the  office,  upon  the 
ballot  voted.    At  each  annual  election  succeeding  the  Annual 
annual  election  in  the  year  eighteen  hundred  and^of 
mnety-five,  the  same  officers  shall  be  elected  in  said 
city  as  would,  except  for  the  passage  of  this  act,  be 
elected  on  the  second  Tuesday  in  April  next  succeed- 
ing such  election.    All  officers  of  the  city  of  Cohoes 
in  office  when  this  act  takes  effect  shall  hold  their 
offices  for  the  terms  for  which  they  were  respectively  Terms  of 
chosen,  and  until  their  successors  are  chosen  and  have  mcumbents- 
qualified.    In  the  case  of  the  creation  of  any  new  or  Appoint- 
additional  ward  in  said  city  prior  to  the  time  of  the^ok 
annual  election  therein  in  the  year  eighteen  hundred""1111895 
and  ninety-five,  as  regulated  by  this  act,  the  common 


66  Laws  of  the  City  of  Coiioes.     [Title  V. 

council  shall  appoint  to  the  several  offices  in  said  ward, 
and  all  officers  so  appointed  shall,  as  to  their  respec- 
tive powers  and  duties,  be  subject  to  the  provisions  of 
the  act  hereby  amended  ;  and  they  shall  hold  their 
respective  offices  until  the  second  Tuesday  in 
November,  in  the  year  eighteen  hundred  and  ninety- 
five,  and  until  their  successors  shall  have  been  duly 
wSJ^ffi^  electe(^  and  qualified.  At  the  first  annual  election 
cers  in  1895.  un(qer  ^his  ac^  jn  t}le  year  eighteen  hundred  and 

ninety-five,  there  shall  be  elected  in  each  new  or 
additional  ward  two  aldermen  and  two  constables. 
One  alderman  shall  hold  office  from  the  twelfth  day  of 
November,  in  the  year  eighteen  hundred  and  ninety- 
five,  until  the  third  Tuesday  in  April,  in  the  year 
eighteen  hundred  and  ninety-seven;  and  one  aldermen 
shall  hold  office  from  said  twelfth  day  of  November, 
in  the  year  eighteen  hundred  and  ninety-five,  until 
the  third  Tuesday  in  April,  in  the  year  eighteen - 
hundred  and  ninety-eight;  and  one  constable  shall 
hold  office  from  the  twelfth  day  of  November,  in  the 
year  eighteen  hundred  and  ninety-five,  until  the  third 
Tuesday  in  April,  in  the  year  eighteen  hundred  and 
ninety-six :  and  the  other  shall  hold  office  for  the 
period  of  one  year  from  the  third  Tuesday  in  April,  in 
the  year  eighteen  hundred  and  ninety- six.  And  all 
^vefof  sai(i  officers  shall  hold  their  respective  offices  until 
otticers.  their  successors  shall  have  been  duly  elected  and  qua- 
lified as  provided  in  the  act  hereby  amended.  In  the 
case  of  unequal  duration  in  the  terms  of  like  offices 
in  any  such  ward,  the  same  means  of  distinguishing 
such  unequal  terms,  at  the  first  election  therein,  shall 
mentmofnce"  De  employed  as  prescribed  in  the  last  section.  All 
officers  appointed  by  the  mayor,  any  board,  or  by  the 
common  council,  as  directed  b}^  section  nine  of  title 
four,  shall,  unless  herein  otherwise  prescribed,  enter 
upon  the  duties  of  their  office  immediately  upon  their 
appointment  and  qualification  for  office.  But  no 
officer  required  to  give  security  shall  enter  upon  the 


terms  of 

appointive 

officers. 


No  officer 
to  be  inter- 


Title  V.]  Revised  Charter. 

duties  of  his  office  until  such  security  has  been  given 
and  approved. 

(As  amended  by  §  5,  Chapter  625,  Laws  of  1901. 
See  also  same  section  amended  by  Chapter  566,  Laws 
of  1901.) 

§  54.  No  person,  except  a  commissioner  of  deeds, 
elected  or  appointed  to  or  in  office,  under  any  of  the^ 
provisions  of  this  act,  shall,  unless  otherwise  in  this  ***£?c 
act  provided,  be  directly  or  indirectly  interested  in 
any  contract  to  which  the  city  or  any  of  the  boards 
or  departments  thereof  is  a  party,  or  in  any  account 
against  the  city,  or  any  board  or  department  thereof, 
for  supplies  or  materials  furnished  ;  and  any  contract 
in  which  any  such  officer  shall  be  or  become  so  inter- 
ested shall  be  void. 

(As  amended  by  §  7,  Chapter  604,  Laws  of  1893.) 

For  the  general  provision  of  law  relative  to  interest  of  officers  in  contracts,  see 
|  3  of  the  general  city  law,  (Chapter  327,  Laws  of  1900),  infra. 

%  55.  No  member  or  officer  of  the  common  council,  officers  no 
or  any  city,  ward  or  district  officer,  whether  elected  oi|Sa- 
appointed,  shall  take  or  receive  any  money,  article 
thing,  advantage  or  promise  thereof,  as  consideration 
for  any  vote  or  act  in  his  official  capacity,  or  for 
making  or  consenting  in  such  capacity  to  any  award 
of  any  contract,  or  to  any  appointment  for  office  or 
place.  Any  person  offending  against  the  provisions  of  Penalty 
this  section  shall  be  deemed  guilty  of  felony,  and, 
upon  conviction,  shall  be  punished"  by  imprisonment 
in  the  state  prison  for  a  term  of  not  less  than  three 
nor  more  than  five  years. 

§  56.  The  resignation  of  any  office  under  this  act  not  Resi 
appointed  by  the/mayor  or  by  any  board  as  herein1 
provided,  shall  be  made  in  writing  to  the  common 
council ;  and  resignation  of  any  office  held  by  appoint- 
ment by  the  mayor  or  by  any  board  as  herein  pro- 
vided, shall  be  made  in  writing  to  the  mayor  or  to 
such  board  with  whom  or  which  the  power  to  appoint 


67 


igna- 
10ns. 


68  Laws  of  the  City  of  Cohoes.      [Title  V. 

may  be.  But  no  such  resignation  shall  take  effect 
until  the  common  council,  mayor  or  such  board  shall 
have  accepted  the  same ;  and  when  so  accepted  such 
resignation,  with  a  certificate  of  the  acceptance  thereof  , 
signed  by  the  mayor,  city  clerk  or  clerk  of  said  board, 
as  the  case  may  require,  indorsed  thereon,  shall  be 
filed  in  the  office  of  the  city  clerk. 

Note:— See  general  provisions  of  law  relative  to  resignations   from  office,  §  21, 
public  officers  law,  (Chapter  681,  Laws  of  1892),  infra. 


Officers  to 
deliver  pro- 
perty of  city 
to  their  su 


No  person 
to  hold  at 
same  time 
more  than 
one  office 
under  this 
act. 


§  57.  Any  person  having  been  in  office  in  said 
I  city,  who  shall  not  within  ten  days  after  notification 
and  request  by  his  successor,  deliver  to  his  successor 
in  office  all  property,  papers  and  effects  of  every 
description  in  his  possession,  or  under  his  control, 
belonging  to  said  city,  or  appertaining  to  the  office'  so 
held  by  him,  shall  forfeit  and  pay  to  the  use  of  said 
city  one  hundred  dollars,  besides  all  damages  caused 
by  his  neglect  or  refusal  so  to  deliver  the  same. 

§  58.  Unless  otherwise  provided  herein,  no  person 
shall  at  the  same  time  hold  more  than  one  office,  either 
elective  or  appointive,  under  the  provisions  of  this  act. 
Any  person  holding  office  under  this  act,  who  shall  be 
elected  or  appointed  to  any  other  office  thereunder, 
shall,  upon  notice  and  acceptance  of  such  other  elec- 
tion or  appointment,  immediately  resign  his  previous 
office  or  be  deemed  to  have  forfeited  such  other  office. 


Bonds  of 
the  several 
officers. 


§  59.  The  chamberlain,  city,  attorney,  recorder, 
justices  of  the  peace,  overseer  of  the  poor,  city  engi- 
neer and  surveyor,  superintendent  of -streets  and  public 
grounds' and  such  other  officers  as  may  be  required  by 
the  common  council,  or  by  the  several  boards  in  the 
case  of  officers  appointive  by  such  boards,  shall  each 
before  entering  upon  the  duties  of  his  office  and  within 
ten  days  after  notice  of  his  election  or  appointment 
thereto,  execute  and  file  with  the  city  clerk  a  bond  or 
undertaking  to  the  city  of  Cohoes,  with  at  least  two 
sureties  approved  by  the  common  council  or  any  such 


Title  V.]  Revised  Charter.  69 

board,  as  the  case  may  be,  wlio  shall  be  freeholders  of 
said  city  and  who  shall  together  justify  in  double  the 
penalty  of  said  bond  or  undertaking,  conditioned, 
unless  otherwise  specially  provided,  for  the  faithful 
performance  of  the  duties  of  his  respective  office  and 
for  the  accounting  for  and  delivery  and  payment  to 
the  city  of  all  property  and  moneys  belonging  to  the 
city,  received  by  him  ;  and  shall  when  required  by  the 
common  council,  or  such  board  as  the  case  may  be  and 
within  ten  days  thereafter,  execute  and  file  a  new  or 
additional  bond  or  undertaking.    The  penalty  of  the Penalties of 

°  ...  the  same. 

bond  or  undertaking  of  the  chamberlain  shall  be  at 
least  the  amount  of  general  city  taxes  to  be  annually 
received  by  him ;  that  of  the  recorder,  five  thousand 
dollars ;  that  of  the  overseer  of  the  poor,  double  the 
amount  of  cash  disbursements  for  the  support  of  the 
poor  in  said  city  for  the  preceding  year;  and  that  of 
the  bond  or  undertaking  of  every  other  officer,  such 
amount  as  shall  be  prescribed  by  ordinance  or  resolu- 
tion of  the  common  council.  The  bond  or  under- 
taking, if  any,  of  the  city  clerk  shall  be  filed  with  the 
mayor. 

Note:— Concerning  official  undertakings,  see  §11, public  officers  law,  (Chapter  681, 
Laws  of  1892),  infra. 

|  60.  No  bond  of  any  officer,  required  by  this  act  to  How  ion- 
be  given,  shall  be  discharged,  until  all  property  and"6  e° 
money  received  by  him  shall  have  been  accounted  for, 
and  until  his  accounts  shall  have  been  examined  and 
approved  by  the  common  council,  whose,  duty  it  shall 
be  to  make  such  examination,*  nor  until  their  certifi- 
cate of  approval  of  said  account  shall  have  been  filed 
in  the  office  of  the  city  clerk. 

§  61.  The  salaries  of  all  officers  to  be  paid  by  the  Salaries 

.  *  */  payable 

city  shall,  except  as  .'herein  otherwise  provided,  be  paid  ^tuarterly' 
quarterly,  and  any  amount  due/ the  said  city  for  moneys 
had  or  used  or  retained  by  a'ny  such  officer  shall  be 
deducted  from  his  salary.  No  officer  of  said  city  shall  g^SP  for 

 ;  —  oaths,  etc., 

*So  in  the  original.  for  city. 


70  Laws  of  the  City  of  Cohoes.    [Title  VI. 

be  entitled  to  any  fee  for  any  oath,  affirmation  or 
acknowledgment  taken  or  sworn  before  him  for  the 
city,  or  for  any  officer  or  agent  acting  for  the  city,  nor, 
when  thereto  qualified,  shall  he  refuse  to  take  or 
administer  the  same  on  proper  application  therefor. 

mKTby  §  62 •  ^n  appointments  to  office  made  by  the  mayor 
SedTS  slla]1  be  in  writing  and  shall  be  filed  on  the  day  of  such 
fommon  appointment  with  the  city  clerk.  All  appointments  to 
reqSired°te  office  made  by  the  common  council,  shall,  unless  other- 
wise provided,  require  the  affirmative  vote  of  a 
majority  of  the  members,  exclusive  of  the  mayor. 

hoTdove?      §  63-  A11  persons  elected  or  appointed  to  any  office, 
sorsSeiCeCceted,  and  ail  persons  in  office,  under  any  of  the  provisions 
of  this  act,  shall  continue  therein  until  there*  respect- 
ive successors   shall   have   been   duly   elected,  or 
appointed  and  qualified. 

offi™?rfSr    §  64 '  omcer  appointed  to  office  by  the  common 

cause.  council  may  be  removed  therefrom  for  official  mis- 
conduct, neglect  or  omission  to  perform  the  duties  of 
his  office,^  or  incompetency^ well  and  faithfully  to  dis- 
charge the  same,  upon  charges  preferred  by  the  mayor 
or  common  council,  after  opportunity  to  be  heard  in 
his  defense,  by  a  vote  of  two -thirds  of  all  the  alder- 
men elected  to  office,  voting  in  common  council. 

Note:— As  to  residence  of  public  officers,  see  §§  2  and  3  of  the  public  officers  law, 
(Chapter  681,  Laws  of  18.92),  infra. 

Concerning  the  defrayal  of  the  expenses  of  legal  proceedings  incurred  by  public 
officers  when  successful  in  such  proceedings,  see  Chapter  700,  Laws  of  1899. 

TITLE  YI. 

PUBLIC  INSTRUCTION. 

ntemtnd  Section  1.  The  public  schools  of  the  city  of  Cohoes 

public"1  of  sna11  be  under  the  management  and  control  of  a  board 

BoaTd'of  of  education  which  shall  be  styled  "board  of  educa- 

education.  tion  of  tlle  city  Qf  Cohoes^  and  be  composed  of  five 

school   commissioners,    to   be   appointed  as  herein 


*So  in  the  original. 


Title  VX]         Revised  Charter.  71 

provided,  who  shall  be  a  body  corporate  in  relation  to 
all  the  powers  and  duties  conferred  upon  them  by  this 

title/  °n  01  before  the  nrst  daJ  of  May,  nineteen  school 
himAred  and  one,  the  mayor  of  said  city  shall  make SSS aP- 
and  file  with  the  city  clerk  his  appointment,  in  writ-  -JSKSSS 
ing,  of  five  persons,  residents  of  said  city,  not  more^0^ 
than  three  of  whom  shall  belong  to  the  same  political 
party,  who  shall  be  school  commissioners,  as  aforesaid, 
and  shall  constitute  said  board  of  education.  The 
terms  of  office  of  said  school  commissioners  shall  begin 
on  the  first  day  of  May,  nineteen  hundred  and  one, 
and  shall  end,  one,  on  the  thirty-first  day  of  December, 
nineteen  hundred  and  two,  and  one,  on  the  thirty-first 
day  of  December,  in  each  of  the  four  next  succeeding 
years.    The  mayor,  in  his  said  first  appointment,  shall  Desiena- 
designate  the  term  each  school  commissioner  shall  SsL 
serve  as  such,  and,  upon  the  expiration  thereof,  the pofntment. 
mayor  for  the  time  being  shall  appoint  his  successor. 
The  term  of  each  and  all  ^Cceedmg  school  commis- 
sioners shall  be  five  years  from  the  first  day  of  January 
in  the  year  of  their  appointment.    In  case  of  the  vacancies 
death,  resignation  or  removal  of  any  commissioner 
during  his  term  of  office,  the  mayor  then  in  office 
shall,  within  ten  days  thereafter,  appoint  a  successor 
to  such  commissioner  for  the  remainder  of  the  unex- 
pired  term   of   the   outgoing   commissioner.     Any  Removals 
member  of  said  board  of  education  may  be  removed 
from  office,  for  cause,  by  the  mayor  of  said  city,  upon 
complaint  of  any  taxpayer  or  person  aggrieved  by  his 
official  misconduct,  provided  ,  always,  that  said  member 
shall  be  served  with  a  copy  of  the  charges  preferred 
against  him  and  notice  of  trial,  not  less  than  twenty 
days  previous  to  the  day  fixed  for  the  hearing  of  the 
matter,  by  leaving  such  copy  and  notice  with  him 
personally  or  at  his  residence  in  the  city,  or  by  send- 
ing the  same  to  his  address  by  mail.  *  The  accused 
member,  shall  have  the  privilege  of  being  represented, 
at  his  own  expense,  by  counsel.    The  city  attorney 


for  cause. 


72  Laws  of  the  City  of  Cohoes.    [Title  VI. 

shall  appear  for  the  prosecution,  at  the  request  of 
the  mayor. 

(As  amended  by  §  1,  Chapter  298,  Laws  of  1901). 
Meetings  of     §  2.  The  members  of   said  board  shall  hold  an 

board.  u 

annual  meeting  on  the  second  secular  day  in  January 
in  each  year  and  shall  then  organize  their  body.  The 
board  shall  also  meet  for  the  transaction  of  business 
as  often  as  once  in  eacli  month  and  may  adjourn  for 
any  shorter  time.  Special  meetings  may  be  called,  as 
often  as  necessary,  by  the  president  to  be  appointed 
by  said  board  as  hereinafter  provided,  or,  in  his 
absence  or  inability  to  act,  by  any  two  members  of  the 
board,  by  causing  a  written  or  printed  notice  signed 
by  the  president  or  by  the  members  calling  the  same, 
as  the  case  may  be,  to  be  served  personally  on  each 
member,  or  left  at  his  last  place  of  residence,  at  least 
twenty-four  hours  before  the  hour  of  such  special 
meeting.  Such  notice  shall  specify  the  object  of  such 
special  meeting,  the  action  of  which  shall  be  limited 
to  the  object  so  specified.  The  said  board  shall  hold 
its  meetings  in  the  rooms  in  the  city  hall  assigned  to 
its  use  by  the  authorities  having  the  legal  custody 
Quorum,  thereof.  Except  as  otherwise  provided,  a  majority  of 
the  members  of  said  board  shall  constitute  a  quorum 
for  the  transaction  of  business,  and  a  majority  of  the 
members  present  shall  be  sufficient  to  carry  any 
measure  or  decide  any  question  before  them,  except  in 
case  of  any  resolution  or  contract  appropriating 
money  or  involving  the  appropriation  of  money  for 
any  purpose,  and  in  case  of  the  election  of  any  officer 
of  the  board,  the  appointment  of  a  superintendent  of 
schools,  a  clerk  of  the  board,  or  of  a  change  of  text- 
books, when  it  shall  require  in  each  case  the  affirma- 
tive vote  of  at  least  three  members.  Said  board  of 
custody  education  shall  have  the  custody  of  the  school 
Shooi libra- libraries  in  said  city  and  all  provisions  of  law,  now  or 

ries.  .  •  . 

hereafter  in  force,  relative  to  school  district  libraries, 


Title  VI.]  Revised  Charter.  73 
shall  apply  to  said  board  in  the  same  manner  as  if  its 
members  were  trustees  of  a  school  district  comprising 
said  city.  It  shall  also  be  vested  with  the  same  dis- 
cretion as  to  the  disposition  of  the  moneys  appro- 
priated by  law  for  the  purchase  of  libraries  which  is 
herein  conferred  on  the  inhabitants  of  school  districts. 
The  books  of  the  common  school  library  in  said  city 
shall  remain  subject  to  the  control  of  said  board  which 
shall  make,  subject  to  the  provisions  of  law,  all 
necessary  regulations  respecting  the  management  and 
use  thereof. 

(As  amended  by  §  2,  Chapter  298,  Laws  of  1901.) 

Note  :-Concerningr  common  school,  district  and  other  public  libraries,  see  Title 
XIII,  of  the  consolidated  school  law,  (Chapter  550,  Laws  of  1894). 

As  to  the  distributions  of  state  library  moneys  by  the  superintendent  of  public 
instruction,  see  §§  5  and  7  of  Art.  I,  Title  II,  of  the  consolidated  school  law. 

Concerning  public  and  free  libraries,  see  §§  35-51  of  the  university  law  (Chanter 
378,  Laws  of  1892).  '  P 

§  3.  At  the  first  meeting  of  said  commissoners,  President 
which  shall  be  held  within   ten  days  after  their  b°ard 
appointment,  and  thereafter,  at  the  annual  meeting  in 
January  in  each  year,  and  as  often  as  death,  resigna- 
tion or  inability  to  act  shall  render  necessary,  they 
shall  elect  one  of  their  number  president  of  said  " 
board,  who,  after  said  first  term,  shall  hold  office  for 
one  year  and  until  his  successor  shall  be  elected,  and 
whenever  he  shall  be  absent,  a  president  pro  tempore 
may  be  appointed.    He  shall  preside  at  all  meetings, 
exercise  all  powers  usual  to  such  office  and  be  entitled 
to  vote  as  other  members.    The  board,  at  the  same 
meeting,  or  as  soon  thereafter  as  practicable,  shall 
appoint  a  suitable  person  as  clerk  of  the  board.  Acierkof 
certificate  of  such  appointment,  under  the  hand  of  the 

pointment 

president,  shall  be  forthwith  filed  with  the  city  clerk.  anddmies' 
The  clerk  so  appointed  shall  hold  his  office  at  the 
pleasure  of  the  board,  and  shall  also  be  librarian  of 
the  library  in  charge  of  said  board ;  and,  as  such  clerk 
and  librarian,  shall  perform  all  the  duties  which  are, 
or  may  be,  required  by  the  general  school  laws  and 


74  Laws  of  the  City  of  Coiioes.     [Title  VI. 

board  of  education.  As  librarian  be  shall  be  present 
at  the  school  or  city*  library  every  day  in  the  year, 
Sundays  and  holidays  excepted,  at  such  times  and 
such  hours,  not  less  than  four  in  each  day,  as  the  board 
of  education  may  prescribe.  As  clerk  of  the  board  of 
education,  he  shall  keep  a  record  of  the  proceedings  of 
the  board  and  shall  prepare  the  same  for  publication. 
The  said  record,  or  a  transcript  thereof  certified  by  the 
president  and  clerk,  shall  be  received  in  all  courts  of 
justice  as  evidence  of  the  facts  therein  set  forth;  and 
such  records  and  all  books  of  account,  vouchers  and 
papers  of  said  board  shall  be  at  all  times  subject  to  the 
inspection  of  the  members  of  said  board  or  of  the 
common  council  of  the  city  of  Cohoes,  or  any  com- 
mittee thereof.  As  clerk  he  shall  make  out  and  sub- 
mit to  the  board,  at  its  stated  meeting  iu  each  month, 
a  tabulated  abstract  of  the  reports  of  the  teachers  for 
the  preceding  month.  Under  the  supervision  and 
direction  of  the  superintendent  of  schools,  he  shall 
keep  the  accounts  of  the  board  in  such  manner  as  shall 
show,  at  any  time,  the  exact  state  of  such  accounts, 
the  balance  to  the  credit  of  each  fund,  the  expenses  of 
each  school  and  the  cost  of  maintaining  the  schools  in 
each  building,  showing  the  amount  paid  for  teachers' 
wages,  for  general  contingent  expenses,  including  the 
cost  of  heating,  repairing,  supplies  and  also  the 
amount  paid  out  for  permanent  improvements,  specify- 
ing the  place  where  such  improvements  have  been 
made.  He  shall  act  as  clerk  of  the  several  committees 
of  the  board,  when  requested  by  the  chairman  of  any 
such  committee,  and  shall  perform  all  other  duties 
required  by  said  board.  Said  clerk  and  librarian  shall 
salary      receive  for  all  his  services  such  annual  salary  as  the 

of  clerk.  ^ 

board  of  education  may  determine  not  exceeding  the 
sum  of  eight  hundred  dollars. 

(As  amended  by  §  3,  Chapter  298,  Laws  of  1901.) 


and  term  of 
office. 


Title  VI.]        Revised  Charter.  75 
§  4.  Said  board  shall,  during  the  month  of  June,  in  superin- 

,  .      •  _  .  tendenLof 

the  year  nineteen  hundred  and  one,  and  in  the  same^J- 
month  of  each  fourth  year  thereafter,  appoint  a  super- 
intendent of  schools  of  said  city,  whose  term  of  office 
shall  commence  on  the  first  day  of  July  in  the  year  of 
his  appointment,  and  shall  continue  until  the  first  day 
of  July  in  the  fourth  year  thereafter,  and  until  the 
appointment  and  qualification  of  his  successor.  In 
case  of  vacancy  in  said  office  of  superintendent  of  ^n6y  in 
schools,  the  same  shall  be  filled  by  appointment,  in  the  °  ^ 
same  manner,  within  one  month  after  its  occurrence, 
of  a  superintendent  for  the  unexpired  term,  who  shall 
enter  upon  his  duties  forthwith.    The  superintendent 
of  schools  shall  receive  a  salary  not  to  exceed  twoSalary 
thousand  dollars  annually,  payable  monthly  out  of 
the  moneys  or  funds  apportioned  to  said  board  of 
education,  legally   applicable  thereto.     Before  any 
appointment  of  a  superintendent  of  schools  shall  take  Certificate 
effect  for  any  purpose,  a  certificate  in  writing  of  such 

ment. 

appointment,  signed  by  a  majority  of  the  members  of 
the  board  of  education,  then  legally  in  office,  shall  be 
made  and  filed  in  the  office  of  the  clerk  of  the  city  of 
Cohoes,  and  the  superintendent  appointed  shall  duly 
take  and  file  in  the  office  of  said  clerk,  the  constitu- 
tional oath  of  office. 

(  As  substituted  for  former  section  by  §  5,  Chap.  298, . 
Laws  of  1901,  which  chapter  repealed  original  section.) 

§  5.  No  person  shall  be  eligible  for  appointment  toSS 
the  office  of  superintendent  of  schools  of  said  city £sfo7te°n' 
unless,  within  fifteen  years  immediately  preceding  hisschools- 
appointment,  he  shall  have  had  at  least  five  years' 
experience  as  teacher,  either  in  the  free  common 
schools  of  the  state  of  New  York,  or  elsewhere  in  free 
common  schools  of  equal  grade  and  requirements,  or 
has  acted  as  superintendent,  or  principal  of  such 
schools,  or  taught  for  a  like  period  in  a  college ;  nor 
unless  of  mature  age,  of  good  mental  and  bodily  health. 


tendent. 


76  Laws  of  the  City  of  Cohoes.      [Title  VI. 

fueper°iLalof  ancl  of  unblemished  character  and  reputation.  No 
person  elected  superintendent  of  schools  of  the  city  of 
Cohoes  shall  be  removed  from  his  office  except  for 
cause,  upon  written  charges  and  specifications  thereof, 
served  upon  him,  and  after  due  trial  before  the  said 
board  of  education,  and  conviction.  On  such  trial, 
counsel  shall  be  allowed  such  superintendent  without 
expense  to  the  city  of  Cohoes,  and  the  city  attorney 
shall  attend  and  act  for  the  said  board,  if  desired.  It 
shall  be  necessary  that  three  in  number  of  the  members 
of  the  board  of  education  of  the  city  of  Cohoes,  then 
duly  and  legally  in  office,  shall  concur  in  voting  for 
the  removal  of  said  superintendent  before  removal  can 
be  had,  and  after  such  trial  and  conviction. 

(As  substituted  for  former  section  by  §  7,  Chap.  298, 
Laws  of  1901,  which  chapter  repealed  the  original 
section.) 

§  6.  The  said  board  of  education  shall  have  power, 
and  it  shall  be  its  duty,  ui>on  the  recommendation  of 
the  superintendent  of  schools,  to  fix  and  determine  the 
different  grades  of  study  which  shall  be  taught  in  the 
various  departments  of  the  several  schools  under  its 
charge,  and  upon  the  like  recommendation,  to  change 
the  same  whenever  so  to  do  will  promote  the  best 
Rules  and  interests  of  the  schools:  and  also  to  adopt  such  rules 

regulations. 

and  regulations  for  the  administration  and  government 
of  the  schools,  and  for  the  admission  of  pupils  to  the 
various  departments  therein,  as  it  shall  determine, 
with  authority  at  any  time  to  alter  and  amend  the 
same  as  it  may  deem  advisable. 

Note  :— As  to  instruction  in  common  schools  in  physiology  and  hygiene,  see  Art. 
VI,  Title  XV,  of  the  consolidated  school  law;  in  drawing.  Art.  VII,  id.;  in  vocal 
music,  Art.  VIII,  id.;  in  industrial  training,  Art.  X,  id. ;  and  as  to  kindergarten  work 
see  Art.  IX,  id. 

(As  amended  by  §  8,  Chapter  298,  Laws  of  1901.) 
Examina-      8  7.  The  said  board  of  education  shall  have  power 

tions  of  ° 

teachers,  examine  all  applicants  for  appointment  by  it  as 
teachers  in  any  of  the  schools  under  its  charge ;  and  no 


Grade  of 
study,  fix 


Title  VI.]         Revised  Charter.  77 

person  shall  be  appointed  or  employed  as  a  teacher  in 
any  of  the  said  schools  (except  in  cases  of  emergency, 
when  a  teacher  maybe  temporarily  employed)  unless 
the  superintendent  of  schools  shall,  after  such  exami- 
nation, recommend  such  person  as  well  qualified  to 
discharge  the  duties  of  teacher;  and  shall  give  to  such 
person  a  certificate  of  qualification  which  shall  be  certificate 

-,  of  qualifica- 

signed  on  .behalf  of  the  board  by  the  president  andtion 
clerk  thereof. 

(As  amended  by  §  9,  Chapter  298,  Laws  of  1901.) 

§  8.  For  the  purpose  of  carrying  out  the  provisions  superinten- 
of  the  last  preceeding  section  of  this  title,  the  board  committee 
may  authorize  the  superintendent  of  schools  or  appoint  Sc.f  app!P-e 

11  cants. 

a  committee  from  its  body  at  any  time,  to  examine 
applicants  for  appointment  as  teachers,  and  to  re- 
examine any  or  all  of  the  teachers  in  the  employ  of  the 
board  at  such  times  as  the  board  may  deem  advisable ; 
and  the  results  of  such  examinations  shall  be  reported  *«p°J  o£ 
by  the  superintendent  or  committee  to  the  board  for 
final  action,  with  such  recommendations  as  the  com- 
mittee may  deem  advisable. 

§  9.  Said  superintendent  of  schools  shall  have  ex- powers  and 
elusive  charge  of  all  the  teachers  employed  in  the  s^perimL- 
common  schools  of  the  city  of  Cohoes,  and  shall  have 

schools,  as 

-,       .  to  selection 

exclusive  power  and  authority  to  select,  nominate,  etc- of 

.  *>  1  '  teachers. 

dismiss,  transfer,  discharge,  suspend,  fine,  grade, 
regrade  and  control  all  of  said  teachers,  and,  in  his 
discretion,  do  any  and  all  such  matters  and  things  in 
and  about  the  force  and  personnel  of  the  teachers  in 
the  common  schools  of  said  city  as,  in  his  judgment, 
will  tend  to  improve  the  efficiency  of  said  schools  and 
the  teachers  employed  therein,  and  as  will  be  for  the 
benefit  and  welfare  of  the  pupils  in  attendance  at  such 
schools.  It  shall  be  the  duty  of  said  superintendent, 
however,  in  so  far  as  is  practicable,  in  his  selection  sei 


and  nomination  of  teachers,  to  select  and  nominate  the 
same  solely  with  regard  to  and  upon,  individual  merit. 


Section 
and  nomi 
nation  of 


78  Laws  of  the  City  of  Cohoes.     [Title  YI. 

and  all  other  things  being  equal,  to  give  preference, 
in  such  selection  and  nomination,  to  citizens  of  the 
.  ofleteach?rs  cit^v  of  Cohoes.    Only  such  number  of  teachers  as  may 
*  for^empioy-be  fixed  and  determined  by  the  board  of  education 
shall  be  legally  selected  or  nominated  by  said  superin- 
tendent. Only  such  teachers  as  are  qualified  under  the 
rules  and  regulations  prescribed  and  contained  in  the 
consolidated  school  law  of  the  state  ot  New  York,  or 
prescribed  by  the  superintendent  of  public  instruction 
of  said  state,  for  governing  the  examination  and  licens- 
ing and  qualification  of  teachers,  shall  hereafter  be 
eligible  to  selection,  nomination  and  employment  in 
the  common  schools  of  the  city  of  Cohoes :  provided, 
however,  that  any  teacher  now  employed  in  the  public 
schools  of  said  city  shall  be  eligible  for  such  appoint- 
tenS'to  ment  and  employment,  and  the  superintendent  shall 
perlonf of  PrePare  and  at  all  times  keep  a  list  of  all  persons  so  as 
eligible,     above  eligible  to  selection,  nomination  and  employ- 
ment, and  selection  and  nomination  shall  be  made  by 
him  from  the  names  upon  said  list ;  and  the  person  or 
persons  selected  and  nominated  shall  forthwith  be  by 
said  board  of  education  employed  as  a  teacher  or 
supennten- teachers  in  the  common  schools  of  said  city.  Should 

dent  to  ap-  ■  " 

pointif     Said  board  of  education  fail,  neglect  or  refuse  to 

board  tails,  ° 

employ  the  teacher  or  teachers  so  selected  and  nomi- 
nated by  said  superintendent,  for  the  space  of  ten 
days  after  said  selection  and  nomination,  in  writing, 
shall  be  filed  with  said  board,  then  and  in  that  event, 
and  on  the  expiration  of  said  period  of  ten  days,  such 
written  selection  and  nomination  shall,  in  all  things 
and  to  all  intents  and  purposes,  be  equivalent  to  the 
employment  by  the  said  board  of  education  of  such 
teacher  or  teachers  so  selected  and  nominated.  All 
Term  of  selections  and  nominations  to  and  for  employment  as 
ment.  aforesaid,  hereafter  made  by  said  superintendent  to 
the  board  of  education,  and  employment  thereunder, 
shall,  in  the  first  instance,  be  made  for  the  term  of  not 
exceeding  one  year,  and  if,  at  the  end  of  such  term,  it 


nnual 
estimate  for 
pur- 
poses. 


Title  VI.]        Revised  Charter.  79 

is  found  by  said  superintendent  that  any  teacher  or 
teachers  thus  nominated,  selected  or  employed,  has 
answered  all  necessary  requirements  respecting  effi- 
ciency and  capability  to  his  satisfaction,  then  said 
superintendent  may  reselecj^and  renominate  said 
teacher  or  teachers  for  ejn^loyment  by  the  board  of 
education  to  serve  during  the  pleasure  of  the  superin- 
tendent.   The  present  system  of  text  or  school  books,  Change  of 

. ,   '-       /    .    \        _  '  text-books. 

now  m  use  m  the  C0mmon  schools  of  the  city  of  Cohoes, 
shall  not  be  daauged  or  new  text  or  school  books 
introducecV^except  upon   the  recommendation  and 
^consenTof  the  superintendent  of  schools  of  said  city. 

(As  amended  by  §  10,  Chapter  298,  Laws  of  1901 .) 

Note  .-—Concerning-  (he  issuing  and  annulment  of  teachers'  certificates  by  the  state 
superintendent  of  public  instruction,  see  §§  10-12  of  the  consolidated  school  law. 

§  10.  The  said  board  of  education  shall  annually,  A 
on  or  before  the  first  day  of  May,  submit  to  the  pom-lfcS 
mon  council  of  said  city  an  itemized  estimate  and 
requisition  of  and  for  the  several  amounts  required  by 
it  for  the  various  matters,  funds  and  purposes,  as 
herein  provided,  connected  with  the  maintenance  of 
the  common  schools  of  said  city.    Such  estimate  shall 
be  prepared  with  the  aid  of  the  superintendent  of 
schools.    Said  common  council,  at  its  next  regular  Action  of 
meeting  after  the  receipt  thereof,  shall  consider  such  cSn 
estimate  and  requisition,  and,  so  far  as  it  deems  it  fair 
and  reasonable,  shall  approve  and  allow  the  same, 
and  shall  thereupon  cause  notice  of  its  approval  and  of 
'the  extent  of  its  allowance  of  said  estimate  and  requi- 
sition to  be  served  upon  said  board  of  education,  and  Entry  to 
the  clerk  of  said  board  shall,  upon  receipt  of  such  ^rdkofby 

.  ,  x  board. 

notice,  make  an  entry  of  said  allowance  upon  the 
financial  books  of  said  board,  showing  the  total 
amount  thereof  and,  as  far  as  practical,  the  amount  of 
the  several  items.  Said  entry  shall  be  afterwards  fol- 
lowed by  a  detailed  statement  of  the  apportionment 
made  by  the  board  of  education,  as  in  section  twelve 
of  this  title  provided,  of  the  said  amount  granted  for 


80  Laws  of  the  City  of  Coiioes.     [Title  VI. 

its  use  by  the  common  council.    But  said  common 
council,  notwithstanding  the  foregoing  provisions  of 
Sfpower011  tnis  section,  shall  have  no  power  to  limit  said  board  of 
c£uncSTo0n  education,  in  any  year,  to  less,  for  the  maintenance  of 
imit  un  s.  t|le  common  sch00is?  than  thirty  per  centum  of  all 
moneys  raised  for  municipal  purposes  by  general  tax, 
providing   said   board   make   requisition    for  that 
amount. 

(As  amended  by  §  11,  Chapter  298,  Laws  of  1901.) 


Ledstba°-okt;  §  11-  8a*^  ^oar(^  shall  have  power  at  all  times, 
tionery.  upon  recommendation  of  the  superintendent  of  schools, 
to  determine,  subject  to  the  provisions  of  the  law 
relative  to  changes  of  text-books  in  schools,  the  text- 
books which  shall  be  used  in  the  several  departments 
of  the  public  schools,  and  which  shall  be  uniform,  as 
near  as  may  be,  in  those  of  the  same  grade ;  to  supply 
the  requisite  text-books  and  stationery  for  the  use  of 
indigent  pupils  ;  to  provide  the  several  schools  under 
its  charge  with  the  necessary  school  apparatus,  maps, 
et  cetera,  the  expenses  thereof  to  be  defrayed  out  of 
the  school  moneys  of  the  city ;  and,  generally,  to 
possess  all  the  powers,  discharge  all  the  duties,  and  be 
subject  to  all  the  obligations  conferred  and  imposed 
upon  the  board  of  education  of  the  city  of  Cohoes, 
except  as  herein,  or  b}^  law,  otherwise  provided.  The 
Freemi-    tuition  of  the  pupils  of  the  several  schools  under  the 

tion.  ^  ± 

charge  of  the  board  shall  be  free  to  all  persons  between 
the  ages  of  five  and  twenty- one  years,  who  are  residents 
of  said  city  and  entitled  to  attend  the  said  schools. 

(As  amended  by  §  12,  Chapter  298,  Laws  of  1901.) 

Note  : — For  the  provisions  of  law  relative  to  changes  of  text-books,  see  Art.  II, 
Title  XV,  of  the  consolidated  school  law, 

Annual  ap-    §  12.  It  shall  be  the  duty  of  the  chamberlain  to 

propnation  ° 

for  schools,  annually  set  apart,  as  soon  as  the  same  is  collected, 
for  the  use  of  common  schools,  twenty  five  per  centum 
of  all  moneys  raised  by  the  common  council,  in  each 


Title  VI  ]        Revised  Charter. 

year,  except  such  as  may  be  raised  for  extraor- 
dinary or  special  objects  or  local  improvements.  In 
addition  to  the  amount  required  to  be  set  apart,  as 
aforesaid,  the  common  council  shall  have  power  and  it 
shall  be  its  duty  to  raise  annually  by  tax,  to  be  levied  Annual  tJ 
in  the  same  manner  as  ordinary  city  taxes,  upon  all 
real  and  personal  estate  in  said  city,  liable  to  taxation 
for  ordinary  city  taxes,  such  sum,  in  excess  of  said 
twenty-five  per  centum,  as  shall  be  required  by  said 
board  of  education  as  shown  by  its  estimate  and  requi- 
sition submitted  to  the  common  council,  as  provided 
in  section  ten  of  this  title.    The  common  council 

ig  Loans  in 

hereby  authorized  to  borrow,  from  time  to  time,  upon 
its  credit,  in  anticipation  of  the  moneys  hereby  author- 
ized to  be  raised,  or  of  the  receipt  of  the  state  moneys, 
such  amount  as  shall  be  certified  to  it  by  resolution  of 
the  board  of  education  to  be  necessary  for  the  use  of 
said  schools,  subject  to  the  provisions  and  limitations 
of  this  title.    The  interest  or  discount  paid  in  effect- 
ing such  loan,  or  loans,  shall  be  paid  by  the  board  of 
education  as  one  of  the  contingent  expenses  of  said 
schools.    Such  uncollected  moneys,  after  their  collec- 
tion, with  any  interest  that  may  be  received  thereon, 
shall  be  paid  to  the  chamberlain  and  placed  to  the 
credit  of  the  city  of  Cohoes  and  shall  be  subject  to  the 
orders  of  the  common  council.    On  receipt  of  due 
notice  from  the  common  council  of  the  amount  granted 
by  said  common  council  to  said  board  of  education, 
upon  its  requisition,  for  the  maintenance  of  common 
schools,  said  board  shall  apportion,  according  to  the  Appomo 
various  items,  matters  and  purposes  mentioned  in  its  Ss°f 
said  estimate  and  requisition,  the  amount  to  which  it 
shall  be  entitled  to  the  credit  of  the  funds  hereinafter 
stated  and  give  notice,  in  writing,  "to  the  chamberlain 
of  such  apportionment.    The  chamberlain  shall  deposit 
all  moneys  received  for  the  use  of  said  board  in  the 
funds  to  which,  by  said  apportionment,  they  are 
credited;  and  no  moneys  shall,  upon  any  pretext 


82  Laws  of  the  City  of  Cohoes.     [TitJe  VI. 

t^rafvenr°t'wll^tever,  be  diverted,  either  by  the  board  of  educa- 

funds, 

tion  or  the  chamberlain,  from  one  fund  to  another, 
after  the  said  appointment*  has  been  made,  provided, 
however,  that  the  mayor  and  chamberlain,  by  joint 
consent  thereto,  in  writing,  may  transfer  any  available 
surplus  from  any  one  of  said  funds  to  another,  upon 
request  of  the  board  of  education,  by  resolution  duly 
passed,  showing,  to  the  satisfaction  of  the  mayor  and 
chamberlain,  the  necessity  of  such  transfer.  All 
warrants  drawn  on  said  moneys  shall  specify  the 
respective  funds  from  which  the  same  are  payable. 
funTdesU- A11  raoneys  apportioned  and  set  aside  for  the  use  of 
nated.  common  schools  shall  be  placed  by  said  board  to  the 
credit  of  funds  for  the  following  uses  and  purposes  : 

1.  Purchasing  or  leasing  lots  and  sites  for  school- 
houses  and  hiring  schoolrooms  and  schoolhouses. 

2.  Building,  enlarging,  altering,  improving  and 
repairing  schoolhouses  and  their  outhouses  and  appur- 
tenances, and  improving  sites  thereof. 

3.  Purchasing  fuel,  stoves  and  heaters,  and  repair- 
ing stoves  and  heaters. 

4.  Paying  the  wages  of  teachers  legally  selected, 
nominated,  appointed  and  employed,  under  the  pro- 
visions of  this  title,  after  the  application  of  public 
-moneys  which  may  by  law  be  apportioned  and  provided 
for  that  purpose. 

5.  Paying  contingent  expenses,  including  the  pur- 
chase exchange,  improvement  and  repair  of  school 
apparatus,  books,  furniture  and  appendages,  includ- 
ing the  salary  of  the  superintendent  of  schools,  and 
the  clerk  of  said  board  of  education  and  janitors' 
wages.  But  the  power  herein  granted  shall  not  be 
deemed  to  authorize  the  furnishing  with  text-books 
any  scholar  whose  parents  or  guardians  shall  be  able 
to  furnish  the  same. 

(As  amended  by  §  13,  Chapter  298,  Laws  of  1901.) 


*So  in  the  original. 


Title  VI.]         Revised  Charter.  83 

§  13:  Whenever  the  moneys  appropriated  for  the  Moneys 
use  of  the  common  schools  shall  be  apportioned  and  ^S^ed 

t  •  ,     -,  .  -*^J-  from  the 

accredited  to  specific  funds,  as  herein  required,  theySf 
shall  not  be  applied  to  any  other  fund  or  purpose  what- 
ever during  the  then  current  year,  but  shall  be  used 
solely  and  exclusively  for  the  purposes  so  designated. 

Note  :-But  see  the  provisions  of  the  last  preceding  section,  for  exception,  and  C  17 
of  the  amending  Chapter  298,  Laws  of  1901,  repealing  inconsistent  provi  sions. 

§  14.  The  said  board  of  education  shall  have  power,  General 
and  it  shall  be  its  duty :  SSSSS/S? 

1.  To  establish  and  organize  such  and  so  many  oozing 
schools,  including  the  common  schools  now  existing""001" 
therein,  as  it  shall  deem  requisite  or  expedient  and  to 

alter  or  discontinue  the  same. 

2.  To  purchase  sites  for  and  to  build  or  to  lease  or  Purchase  of 
contract  for  the  occupation  and  use  of  school-houses  or  s"  ' 
rooms,  and  to  improve  the  same  as  it  shall  deem 
proper. 

Note  :-A  s  to  powers,  under  general  statute  of  boards  of  education  in  cities  having 
not  more  than  30,000  inhabitants  to  acquire  land  for  sites,  see  §  3,  Title  X  of  the  con- 
solidated school  law. 

3.  To  alter,  improve  and  repair  school  houses  andRepai 
appurtenances  as  it  may  deem  advisable ;  but  no  such 
alterations,  improvements  or  repairs  shall  be  upon  any 
building,  outhouse  or  appurtenances,  unless  the  same 
shall  be  owned  by  the  city  of  Cohoes,  or  duly  leased 

by  the  said  board  of  education  for  a  term  of  not  less 
than  three  years. 

4.  To  purchase,  exchange,  improve  and  repair  school  Purchase  ot 
apparatus,  books  for  indigent  pupils,  furniture  and?atap- 
appendages,  and  to  defray  their  ordinary  contingent 
expenses. 

5.  To  have  the  custody  and  safe-keeping  of  thePreserva 
school-houses,  outhouses,  books  and  furniture,  and  to 

see  that  the  ordinances  of  the  said  board  in  relation  eny' 
thereto  be  observed. 

6.  To  contract  with,  license  and  employ  all  teachers  Emplov_ 
in  said  schools  and  to  remove  them  ment  of 

*  teachers. 


ir  of 
school- 
houses. 


84  Laws  of  the  City  of  Cohoes.     [Title  VI. 

payment  of     7.  To  pay  the  wa^es  of  such  teachers  out  of  the 

teachers        .  J.     J  o 

wages.  moneys  appropriated  and  provided  by  law  for  the 
support  of  schools  in  said  city  so  far  as  the  same  shall 
be  sufficient;  and  the  residue  thereof  from  the  moneys 
authorized  to  be  raised  for  that  purpose  by  the  provis- 
ions of  this  act. 

eX°pen"iJnt  8.  To  defray  the  necessary  contingent  expenses  of 
said  board,  including  the  annual  salaries  of  the  clerk 
and  the  superintendent  of  the  schools. 

superin-        9.  To  have  in  all  respects   the  superintendence, 

schools.  supervision  and  management  of  the  public  schools  in 
said  city,  and  from  time  to  time  to  adopt,  alter,  modify 
and  repeal  as  it  deem  expedient,  rules  and  regulations 
for  their  organization,  government  and  instruction ; 
for  the  reception  of  pupils,  and  their  transfer  from  one 
school  to  another,  and  generally  for  the  jjromotion  of 
their  good  order,  prosperity  and  public  utility. 

sale  of         10.  Whenever,  in  the  opinion  of  the  said  board,  it 

school  prop- 
erty       may  be  advisable  to  sell  any  of  the  school-houses,  lots 

or  sites,  or  any  of  the  school  property  now  or  here- 
after belonging  to  the  city,  to  report  the  same  to  the 
common  council. 

smpe0rsup0er-  H-  Between  the  twenty  fifth  day  of  July  and  the 
mtendent.  tjme  £xecL  therefor  by  the  state  superintendent  of 
public  instruction  in  each  year,  to  make  and  transmit 
to  said  state  superintendent  a  report  in  writing,  bear- 
ing date  the  twenty-sixth  day  of  July  in  the  year  of  its 
transmission,  which  report  shall  be  in  all  respects  as  is 
required  by  law  of  trustees  of  school  districts,  and 
,  deposit  and  file  the  same  as  required  by  law.  The  city 
of  Cohoes  shall  not  be  included  in  any  commissioner's 
district  heretofore  created  or  authorized  to  be  created 
or  formed  by  the  board  of  supervisors. 

s^wprop6-     §  15.  The  title  of  the  school-houses,  sites,  lots, 
cuy  o"  Co-  furniture,  books,  apparatus  and  appurtenances,  and 
hoes,  etc.    all  other  school  property  in  this  title  mentioned  shall 
be  vested  in  the  city  of  Cohoes,  and  the  same  while 


Title  VI.]        Revised  Charter,  85 

used  or  appropriated  for  school  purposes  shall,  not  be 
levied  upon  or  sold  by  virtue  of  any  warrant  or  execu- 
tion, nor  be  subject  to  taxation  for  any  purpose  what- 
ever;  and  the  said  city,  in  its  corporate  capacity,  shall 
be  able  to  take,  hold  and  dispose  of  any  real  or  per- 
sonal estate  transferred  to  it  by  gift,  grant,  bequest  or 
devise;  for  the  use  of  the  public  schools  of  the  said 
city,  whether  the  same  shall  be  transferred  in  terms 
to  said  city  by  its  proper  style  or  any  other  designa- 
tion, or  to  any  person  or  persons  or  body  for  the  use 
of  said  schools. 

Note  :— Concerning  trusts  of  real  and  personal  property  for  the  benefit  of  common 
school,  see  also  Art.  II,  Title  II  of  the  consolidated  school  law. 

§  16.  The  common  council  of  said  city  may,  upon  common 
the  recommendation  of  the  board  of  education,  sell  sen  school 

property  on 

any  of  the  school-houses,  lots  or  sites,  or  anv  other the  r,ec?m- 

"  '  .  mendation 

school  property  now  or  hereafter  belonging  to  said£fo^ 
city,  upon  such  terms  as  the  said  board  of  education 
may  deem  reasonable.  The  proceeds  of  all  such  sales 
shall  be  paid  to  the  chamberlain  of  the  city,  and  shall 
be  by  the  said  board  of  education  again  expended  in 
the  construction,  repairs  or  improvements  of  other 
school-houses,  lots,  sites  or  school  furniture  apparatus 
or  appurtenances. 

i 

§  17.  The  said  board  of  education  shall  have  thePowerof 

board  to 

power,  and  it  shall  be  its  duty,  to  pass  such  ordinances  P^ceT^tc 
and  regulations  as  may  be  necessary  and  proper  for  its 
protection,  safe-keeping,  care  and  preservation  of  the 
school-houses,  lots,  sites,  appurtenances  and  append- 
ages, and  all  necessary  property  belonging  to  or  con- 
nected with  the  schools  in  said  city  and  to  prevent 
wilful  interruptions  or  disturbance  of  the  sessions 
thereof ;  and  to  impose  proper  penalties  for  the  viola- 
tion thereof,  subject  to  the  restrictions  and  limitations 
contained  in  the  existing  laws  relative  to  said  city, 
and  all  such  penalties  shall  be  collected  in  the  same 
manner  that  the  penalties  for  the  violation  of  the  city 
ordinances  are  by  law  collected,  and  when  collected 


86  Laws  of  the  City  of  Cohoes.     [Title  VI. 

shall  be  paid  to  the  chamberlain  of  the  said  city  and 
be  subject  to  the  order  of  the  board  of  education  in 
the  same  manner  as  other  moneys  raised  pursuant  to 
the  provisions  of  this  title. 

fo^eporfto    §  18-  xt  s]la11  be  the  duty  of  the  president  of  the 
cou™"    board  of  education  within  thirty  days,  and  not  less 
than  fifteen  days,  before  the  annual  election  in  each 
year,  to  make  a  report  to  the  common  council,  show- 
ing: 

£sreporSt.of  1-  Tile  number  of  children  between  the  ages  of  five 
and  twenty -one  years  residing  in  said  city  on  the  thir- 
tieth day  of  J  une  next  preceding  said  report,  and  the 
number  of  scholars  between  the  ages  of  five  and  twenty - 
one  years  residing  in  said  city,  who  have  attended  the 
free  schools  therein  during  the  preceding  year,  and  the 
number  attending  each  school  including  the  evening 
schools. 

2.  The  number  of  scholars  not  residing  in  said  city 
but  who  have  attended  the  common  schools  therein 
during  the  same  time. 

3.  The  amount  of  public  moneys  received  by  the  city 
chamberlain  applicable  to  teachers'  wages,  and  the 
amount  applicable  to  school  libraries. 

4.  The  amount  of  moneys  appropriated  or  set  apart 
by  the  common  council  for  the  use  of  said  schools  as 
required  by  the  provisions  of  this  title,  and  the  portions 
thereof  appropriated  to  the  respective  funds. 

5.  The  moneys  received  from  the  sale  of  city 
property. 

6.  All  other  sums  received  by  the  chamberlain  and 
appropriated  to  the  purposes  of  common  schools. 

7.  The  manner  and  purposes  for  which  such  sums  of 
money  shall  have  been  expended,  specifying  the  amount 
paid  under  each  head  of  expenditure  and  the  amount 
remaining  unexpended,  if  any,  in  each  fund  respect- 
ively. 


Title  VI.]         Revised  Charter.  87 
§  19.  All  moneys  raised  by  virtue  of  this  title,  which  school  moh- 

^  '  eys,  how  to 

the  board  of  education  is  authorized  to  expend,  shall  ^expend" 
be  deposited  with  the  chamberlain  of  the  city  to  the 
credit  of  the  respective  funds  under  the  control  of  the 
board  of  education  as  provided  by  law,  and  shall  be 
drawn  out  in  pursuance  of  a  resolution  of  said  board 
by  drafts  drawn  by  the  president  and  countersigned  by 
the  clerk  of  said  board,  payable  to  the  order  of  the 
person  or  persons  entitled  to  receive  such  moneys,  and 
accompanied  by  the  affidavit  of  the  claimant,  or  some 
one  in  his  behalf,  to  the  correctness  thereof,  in  the 
same  manner  required  by  the  provisions  of  this  act  in 
the  case  of  accounts  audited  and  allowed  by  the  com- 
mon council.  No  part  of  said  school  funds  shall  be  Funds  not 
borrowed  or  transferred  by  the  city  or  its  officers  in to  h  1 
any  manner  whatever,  but  shall  remain  in  the  treasury 
solely  and  exclusively  for  school  purposes.  Said  board  f^^j: 
of  education,  in  all  its  expenditures  and  contracts,  shall  c.onl 

1  ami 

have  reference  to  the  amount  of  moneys  which  shall  be 
subject  to  its  order  for  any  specific  object  during  the 
then  current  year,  and  shall  not  exceed  the  amount  so 
provided.  In  case  any  debt  shall  be  incurred  or  con- 
tract made  by  said  board  of  education,  or  any  members 
thereof,  which  shall  require  the  expenditure  of  a 
greater  sum  than  shall  have  been  provided  or  appro- 
priated for  the  use  of  the  public  schools,  the  city  shall 
not  be  liable  for  the  same,  but  the  members  of  the 
board  of  education  voting  therefor,  or  either  of  them, 
shall  be  personally  liable  therefor  to  the  party  entitled 
to  payment. 

§  20.  The  said  board  shall  have  power  to  allow  the  Non  resi- 
children  of  persons  not  residents  within  the  city  to PUpi!s 
attend  any  of  the  schools  of  said  city  under  the  care 
and  control  of  said  board  upon  such  terms  as  the  board 
shall  by  resolution  prescribe. 

§  21.  It  shall  be  the  duty  of  each  school  comm is-  school  com- 
sioner  to  visit  all  the  public  schools  under  the  direction 

visit  schools 


rowed  or 
transferred. 


tures  and 
tracts 
ted  to 
amount  of 
appropria- 


88  Laws  of  the  City  of  Cohoes.     [Title  VI. 

of  the  board,  at  least  once  in  each  year,  and  the  said 
board  shall  also  provide  that  each  of  said  schools  shall 
be  visited  by  a  committee  of  three  or  more  members  of 
the  board  at  least  twice  in  each  year. 

Basis  for       8  22.  For  the  purpose  of  distribution  of  any  money, 

distribution        °  x  .  „  _ 

moneyl  now  or  nerea*ter  appropriated  by  the  state,  tor  the 
support  of  common  schools,  in  which  the  city  of  Cohoes 
or  the  schools  therein  shall  be  entitled  to  a  share, 
there  shall  be  constituted  and  shall  be  as  many  school 
districts  as  there  have  been  employed  in  said  city 
duly  qualified  teachers  who  and  the  successors  of  whom, 
shall  have  taught  in  the  common  schools  therein  for  a 
period  during  the  preceding  year  of  twenty-eight  weeks 
of  five  school  days  each,  including  the  holidays  allowed 
by  law,  and  the  attendance  of  a  teacher  upon  a 
teachers'  institute  within  the  county.  Every  evening 
school  taught  by  a  qualified  teacher  for  a  period  of 
five  months  shall  be  considered  as,  and  shall  be  a 
.  district. 

Note  :— Concerning-  the  appropriation  and  distribution  of  state  school  moneys  by 
the  superintendent  of  public  instruction,  see  Art.  I,  of  Title  II,  of  the  consolidated 
school  law. 

Money  for      s  23.  It  shall  be  the  duty  of  the  common  council, 

for  extraor-       °  . 

dj^ary  pur-  Up0n  the  recommendation  of  the  board  of  education, 
to  take  all  necessary  proceedings  in  the  manner  pro- 
vided by  this  act,  for  the  raising  of  money  for  extra- 
ordinary or  special  purposes,  to  raise  money  to  build 
or  purchase  school-houses  and  to  purchase  and  im- 
prove lots  or  sites  therefor.  The  money  so  raised,  in 
case  it  shall  be  voted  by  the  taxpayers,  as  provided 
by  this  act,  shall  be  paid  to  and  kept  by  the  cham- 
berlain of  the  city  distinct  from  other  money,  and  shall 
be  controlled  and  appropriated  by  the  board  of  edu- 
cation exclusively  to  the  object  or  objects  for  which  it 
shall  be  raised ;  and  no  such  money  shall  be  appro- 
priated or  expended  except  by  resolution  of  said 
board. 


Title  VI.]        Revised  Charter.  89 
§  24.  No  member  of  said  board  of  education  shall  Members 

not  to  re- 

receive  any  pecuniary  compensation  for  his  services  as^^nT 
such  member ;  nor  shall  any  member  or  officer  of  the 


pensation 
or  be  inter- 


board  participate  in  the  profits  arising  from  any  trans  -  contracts 
action  or  contract  entered  into  by  the  board  or  anybo£dthe 
member  thereof  as  such,  or  be  interested  therein  in 
any  matter   whatever.    Any  person   violating  any 
provision  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 


Bids  to  be 
received  for 
ma- 


§  25.  Every  contract  for  work,  materials  and  sup- 
plies; or  either  of  them,  to  be  performed  or  furnished 
for  the  benefit  and  use  of  said  board  of  education  ™il^°s 

,  '  when. 

where  the  value  of  such  work,  materials  and  supplies,  ' 
or  either  of  them,  shall  exceed,  in  any  contract,  the 
sum  of  twenty-five  dollars,  shall  be  awarded,  by  said 
board  to  the  lowest  bidder  therefor  who  shall  provide 
satisfactory  security  for  the  faithful  performance  of  his 
duty  under  such  contract.  Whenever  it  shall  be 
necessary  for  said  board  of  education  to  receive  bids 
under  the  provisions  of  this  section,  it  shall  give 
reasonable  public  notice,  stating  the  nature  of  the 
work,  materials  and  supplies,  or  either  of  them 
required,  and  specifying  the  time  and  place  at  which 
such  bids  will  be  received  by  it  and  the  security 
required,  which  shall  accompany  each  bid,  but  said 
board  of  education  shall  reserve  the  right  to  reject  any 
and  all  bids ;  presented  pursuant  to  this  section,  when 
public  interest  so  requires.  This  section  shall  not  ? 
apply  to  contracts  for  services  of  teachers  or  of  the ' 
superintendent  or  clerk  of  said  board  of  education. 

Note  :-As  to  terms  of  office  of  the  superintendent  of  schools  and  of  certain  other 
officers  and  employees  of  the  board  of  education  prior  to  passage  of  Chapter  298  Laws 
of  1901,  see  §  16  of  that  chapter. 

As.to  the  vaccination  of  school  children,  see  §  200  of  the  public  health  law  (Chapter 
661,  Laws  of  1893). 

As  to  observance  of  Arbor  day,  see  Art.  XV,   of  Title  XV,  of  the  consolidated 
school  law. 

As  to  the  compulsory  education  of  children,  arre  sts  of  truants,  truant  schools  etc 
see  Title  XVI  of  the  consolidated  school  law. 


Section  lim- 


90 


Laws  of  the  City  of  Cohoes.    [Title  VII. 


TITLE  VII. 


POLICE  GOVERNMENT. 


Board  of 
police  com 
missioners, 
how 

composed. 


Organiza- 
tion. 


Police  pow-    Section  1.    The  powers  and  duties  connected  with 

ers  and  ~  1 

vested. how  and  incident  to  the  police  government  of  the  city  of 
Cohoes  shall,  as  hereinafter  more  especially  provided, 
be  vested  in,  and  exercised  by  a  board  of  police  com- 
missioners, a  police  force,  a  station-house  keeper  and 
a  surgeon  of  police. 

§  2.  The  board  of  police  commissioners. — The  said 
board  of  police  commissioners  shall  consist  of  the 
mayor  for  the  time  being  of  said  city  and  of  two  police 
commissioners,  elected  as  herein  provided.  Said  board 
shall  have  control  of  the  station-houses,  police  officers 
and  all  property  within  said  city,  and  now  under  the 
control  of  the  board  of  police  commissioners  of  said 
city. 

§  3.  Upon  the  election  and  qualification  in  each 
alternate  year  as  in  this  act  provided,  of  a  police  com- 
missioner, the  members  of  said  board  shall  meet  at  the 
office  of  the  mayor  and  organize  as  such  board  of  police 
commissioners,  and  shall  appoint  one  of  their  number, 
other  than  the  mayor,  to  be  secretary  of  their  board. 
Said  board  of  police  commissioners  shall  hold  stated 
meetings,  at  least  once  in  each  month,  at  a  place  desig- 
nated and  provided  by  them  for  that  purpose.  Any 
two  members  of  said  board  shall  contitute  a  quorum 
thereof  for  the  transaction  of  business,  and  such  quo- 
rum may  exercise  all  the  powers  herein  conferred  upon 
Mayor  to  be  said  board.  The  mayor  for  the  time  being  of  said 
chairman.  0-ty  shall  be,  ex-officio,  the  chairman  of  said  board; 
but  in  case  of  his  absence  from  the  city,  or  his  inability 
from  any  cause  to  attend  any  meeting  of  said  board, 
the  other  members  thereof  may  appoint  one  of  their 
number  chairman  pro  tempore,  of  such  meeting.  The 
secretary  of  the  board  shall  keep  a  record  of  its  pro- 
ceedings, and  shall  have  the  custody  of  all  books  and 


Stated 
meetin 


Quorum. 


Duties  of 
secretary 


I 


Title  VII.]       Revised  Charter.  91 

papers  belonging  to  said  board .  Said  books  and  papers 
shall,  at  all  times  be  open  to  the  inspection  of  each 
member  of  said  board. 

§4.  The  said  board  shall  provide  snch  offices  and  offices,  etc. 
business  accommodations  within  any  station-house  as 
it  shall  deem  requisite  for  holding  its  meetings  and  for 
the  transaction  of  its  own  business,  and  that  of  its 
subordinate  officers.  The  said  board  may,  from  time 
to  time,  establish  station-houses,  at  least  one  for  each^atjon- 
precinct,  for  accommodating  thereat  the  members  of 
the  police  force,  and  as  temporary  places  of  detention 
for  persons  arrested  and  property  taken  within  the 
precinct.  It  shall  be  the  duty  of  the  common  council, 
upon  the  request  of  said  board,  to  provide  all  neces- 
sary station-houses  and  accommodations  for  the  use 
of  said  board,  and,  as  often  as  necessary,  to  put  such 
station-house  in  due  repair ;  and  in  case  of  the  neglect 
of  the  common  council  for  thirty  days  thereafter  to 
provide  such  station-house  and  accommodations,  and 
make  such  repairs  or  either,  then  said  board  may 
make  provision  therefor,  whether  by  contracts  of 
hiring  or  repairing  proper  premises,  and  the  expenses 
thereof  shall  be  a  proper  charge  against  said  city  of 
Cohoes. 

§_5.  The  said  board,  in  furtherance  of  the  pol  ICe  Powers  and 

i      i>        •  t  t    ,»  •  duties  of 

government  ol  said  city,  and  lor  promoting  and  per- board- 
fecting  the  police  discipline  of  subordinates,  and  of  the 
members  of  said  police  force,  are  empowered  to  enact, 
and  from  time  to  time  modify  and  repeal  by-laws, 

By-laws, 

ordinances,  rules  and  regulations  wherein  in  addition, 
to  such  other  provisions  as  said  board  may  deem 
expedient,  there  shall  be  particularly  defined,  enume- 
rated and  distributed,  the  powers  and  duties  of  the  powers  and 
captain  of  the  police'force,  and  of  all  other  members  ?f  p011'^  " 

x  "  7  force  to  be 

of  said  police  force ;  and  wherein  shall  be  specified  the  Prescribed- 
mode  of  appointment  to  and  removal  from  office  of  all 
members  of  said  police  force,  and  the  manner  of 


92  Laws  of  the  City  or  Cohoes.    [Title  YI1. 

discipline  of  the  members  thereof ;  provided  that  such 
by  laws,  ordinances,  rules  and  regulations  shall  not 
conflict  with  the  provisions  of  this  act  or  with  the  laws 
or  constitution  of  this  state  or  of  the  United  States. 

May  issue  g  6.  The  said  board  shall  have  power  to  issue  sub- 
subpoenas.  7  1 

poems,,  tested*  in  the  name  of  its  chairman,  to  compel 

the  attendance   of  witnesses  upon  any  proceeding 

authorized  by  its  rules  and  regulations.    Each  police 

commissioner,  and  the  captain  of  police,  is  hereby 

to  admin-  authorized  and  empowered,  to  administer  oaths  and 

ister  oaths. 

affirmations  to  any  person  appearing  m  any  matter  or 
proceeding  authorized  as  aforesaid,  and  to  take  any 
deposition  necessary  to  be  made  under  the  rules  and 
regulations  of  the  said  board  for  the  purposes  embraced 
in  this  title;. and  any  willful  and  corrupt  false  swear- 
ing by  any  witness  or  person  to  any  material  fact  in 
any  necessary  proceeding,  under  said  rules  and  regu- 
lations, shall  be  deemed  perjury,  and  be  punished  in 
the  manner  now  prescribed  by  law  for  that  offense ; 
compelling  and,  in  case  any  person  subpoenaed,  under  this  section 

witnesses  to 

testify  shall  fail  or  refuse  to  obey  such  subpoena,  or  refuse  to 
take  when  required  the  proper  oath  or  affirmation,  or 
to  answer  any  proper  question,  upon  the  presentation 
of  satisfactory  proof  of  the  same  to  a  justice  of  the 
supreme  court  or  the  Albany  county  judge,  it  shall  be 
the  duty  of  the  justice  or  judge  to  whom  such  presen- 
tation shall  have  been  made  to  issue  an  order,  return- 
able before  him  at  any  early  day,  requiring  the  person 
so  failing  or  refusing  to  show  cause  why  an  attach- 
ment should  not  issue  against  him ;  and  to  adopt  such 
other  and  further  measures  to  compel  the  person  to 
appear  and  testify,  and  to  punish  disobedience  as  if 
the  matter  was  legally  pending  in  the  supreme  court 
or  the  county  court  of  said  county. 

Note  :— In  connection  with  the  provisions  of  this  section,  see  §§  843  and  854  ff.  of  the 
Code  of  Civil  Procedure. 


*So  in  the  original. 


witnesses. 


audit 


Title  VII.]       Revised  Charter.    .  93 

§  7.  The  said  board  is  authorized, from  time  to  time,  Accommo- 
dations for 

to  contract  for  and  provide  suitable  accommodations 
within  said, city  for  the  detention  of  witnesses  who  are 
unable  to  furnish  security  for  their  appearance  in 
criminal  proceedings,  and  such  accommodations  shall 
be  in  premises  other  than  those  used  for  the  confine- 
ment of  persons  charged  with  crime,  fraud  or  disor- 
derly conduct;  and  it  shall  be  the  duty  of  all  magis- 
trates, in  committing  witnesses,  to  have  regard  to  the 
rules  and  regulations  of  said  board  in  respect  to  their 
detention.  Said  board  of  police  commissioners  shall  J°ims 
have  power  and  authority  to  audit  all  claims  arising  on 
contracts  made  by  it  and  which  it  is  authorized  by 
this  title  to  make.  All  such  claims  shall  be  verified  by  Claims,  how 
the  claimants,  audited  by  said  board  and  paid  by  the 
chamberlain,  on  the  order  of  the  persons  entitled 
thereto,  upon  the  drafts  of  said  board  in  the  same 
manner  as  in  the  case  of  claims  audited  and  allowed 
by  the  common  council. 

§  8.  It  shall  be  the  duty  of  said  board  to  detail,  on  Duty  of 
the  day  of  any  election  in  said  city  of  Cohoes,  at  least  elections, 
two  patrolmen  to  each  election  poll ;  and  to  provide 
ballot-boxes  for  use  at  any  and  all  such  elections,  and 
to  provide  for  the  custody  of  said  boxes  at  all  times, 
except  during  the  taking,  receiving  and  counting  of 
the  votes. 

§  9.  It  shall  be  the  duty  of  said  board  to  see  that  Duty  as  to 

arrange- 

the  arrangements  for  voting  within  said  city  are  such  ^J*01* 
as  to  prevent  any  immoderate  crowding  of  voters  at 
each  poll,  and  that  the  challengers  of  all  parties  have 
fair  and  equal  room,  rights  and  privileges  for  the  dis- 
charge of  their  duties  at  each  poll ;  and  that  the  can- 
vassing of  the  votes  be  conducted  in  an  orderly  and 
fair  manner ;  and  no  other  person  or  officer  shall  have 
power  to  interfere  with  said  board  in  the  discharge  of 
the  duties  imposed  on  it  by  this  section. 


94  Laws  of  the  City  of  Cohofs.    [Title  VII. 

complaint      §  10.  The  said  board  shall  cause  to  be  kept  general 

and   record  x  ° 

keptt>y°  be  complarnt  books,  in  which  shall  be  entered  any  corn- 
board,  plaint  of  a  jrablic  nature,  preferred  upon  a  personal 
knowledge  of  the  circumstances  thereof,  with  the  name 
and  residence  of  the  complainant ;  they  shall  also  cause 
to  be  kept  books  of  registration  of  lost,  missing  and 
stolen  property,  for  the  general  convenience  of  the 
public,  and  for  the  information  of  said  police  force. 
The  said  board  shall  cause  to  be  kept  books  of  record 
of  said  police  department,  wherein  shall  be  entered  the 
name  of  every  member  of  said  police  force,  with  the 
time  and  place  of  his  nativity,  the  place  where  and 
the  time  when  (if  born  out  of  the  United  States)  he 
became  a  citizen  of  the  United  States ;  his  age  upon 
becoming  such  member,  and  his  former  occupation, 
the  number  of  his  family,  and  the  residence  thereof, 
and  the  date  of  his  appointment,  and  of  his  resignation 
of,  or  withdrawal  or  dismissal  from  said  force,  with  the 
cause  of  the  latter ;  and  against  all  such  entries  suffi- 
cient space  shall  be  left  wherein  to  make  record  of 
any  special  arrests  made,  from  time  to  time,  by  such. 
Meritorious  member,  or  of  any  special  service,  deemed  meritorious 

service  to  7  ^      x  7 

be  noted,  foy  the  board,  done  by  him  and  of  all  fines  imposed  upon 
such  member  or  provided  in  section  twenty  of  this 
title.  Such  books  shall  be,  at  all  business  hours  and 
when  not  in  actual  use,  open  to  public  inspection. 
The  said  board  shall  also  cause  to  be  kept  and  bound 
all  police  returns  and  reports  from  any  member  of  said 
force,  and  all  minutes  of  the  proceedings  of  said  board  ; 
which  returns,  reports  and  minutes,  shall  be  open  for 
public  inspection  only  in  the  discretion  of  said  board. 

To  enforce     §11.  Said  board  shall  at  all  times  cause  the  ordi 

city  ordin-  u 

ances.  nances  of  the  city  of  Cohoes,  not  in  conflict  with  the 
provisions  of  this  act,  to  be  properly  enforced ;  and  it 
shall  be  the  duty  of  said  board  at  all  times,  when  con- 
sistent with  its  rules  and  regulations  and  with  the 
requirements  of  this  act,  to  furnish  all  information 
desired. 


Title  YIL]       Revised  Charter.  95 
§  12.  The  said  board  shall  have  charge  of  the  iail  J30^0 

0  <>        have  charge 

in  said  city  which  shall  be  provided  by  the  common  ofjail- 
council   thereof.     The   station-house   keeper  shall, 
under  appointment  by  said  board,  be  the  jailer  of  said  jailer, 
jail  and  shall  hold  his  office  during  the  pleasure  of  ment,  duties 
said  board.    In  full  compensation  for  all  services 6  °"  °L 
herein  required  of  said  jailer,  he  shall  be  paid  in 
monthly  payments,  upon  the  warrant  of  said  board, 
from  the  jail  fund  hereinafter  mentioned,  a  salary  at 
the  rate  of  one  thousand  dollars  per  annum.  The 
said  jailer  shall,  under  the  direction  and  supervision 
of  said  board,  have  the  care  and  custody  of  said  jail 
and  of  the  prisoners  confined  therein;  he  shall,  at  all 
times,  keep  said  jail  renovated  and  in  clean,  healthful 
and  proper  condition,  and  shall  prepare  all  necessary 
and  proper  food  and  feed  and  otherwise  care  for  said 
prisoners.    It  shall  be  the  duty  of  said  jailer  to  present  Presenta- 
to  the  said  board  of  police  commissioners,  at  eachitemized 

statements. 

regular  monthly  meeting  thereof,  an  itemized  state- 
ment of  the  number  of  prisoners  fed  by  him  and  of 
the  total  number  of  meals  furnished  to  the  same  each 
day  during  the  month  preceding  the  date  of  said 
report,  or  since  the  date  of  the  last  report,  together 
with  an  itemized  statement  of  the  kind  and  amount  of 
food  and  supplies  furnished  for  the  use  of  said  jail 
and  of  the  prisoners  confined  therein  each  day  during 
the  said  month  or  period  and  by  whom  furnished.  At 
each  said  regular  meeting,  said  jailer  shall  also 
present  to  said  board  a  statement  which  shall  contain 
the  full  name  of  every  prisoner  confined  therein  during 
the  month  previous  to  the  presentation  thereof,  or 
since  the  presentation  of  the  last  preceding  statement ; 
the  day  of  the  week  and  the  month  and  the  hour  of 
the  day  when  each  prisoner  was  received  at  the  jail ; 
the  name  of  the  committing  magistrate  or  court ;  for 
what  offense  committed;  the  day  of  the  week  and 
month  and  the  hour  of  his  or  her  discharge  or  removal 
from  said  jail ;  and  by  what  authority  so  discharged 


96  Laws  of  the  City  of  Co  hoes.    [Title  VII. 

or  removed.    The  matters  and  facts  contained  in  said 
last  mentioned  statement  shall  be  kept  transcribed  by 
said  jailer  in  a  book  to  be  kept  by  him  under  the 
direction  of  said  board,  which  shall  be  known  as  the 
' 'jailer's  docket/'  and  which  shall  be  open  to  public 
inspection.    The  said  jailer  shall  perform  such  other 
verification  duties  as  may  be  required  of  him  by  said  board.  Such 
menSe"     itemized  statements  shall  each  be  verified  by  the 
jailer,  and  the  verification  of  either  thereof  by  said 
jailer,  knowing  it  to  contain  false  or  fraudulent  items 
or  statements,  or  knowing  of  the  omission  therefrom 
of  items  or  statements  which  should  properly  appear 
therein  shall  be  and  constitute  the  crime  of  perjury, 
presents-   All  accounts  for  the  furnishing  of  materials,  supplies 

tion  of  £ 

accounts.    an(q  fooci?  and  for  every  charge  and  expense  ot  main- 
taining said  jail,  shall  be  presented  to  said  board, 
itemized  and  verified  in  the  manner  prescribed  in 
section  one,  of  title  twelve  of  this  chapter,  for  the 
not  to  be    presentation  of  claims  to  the  common  council.  The 
interested.  ^all  nQt  be  ^jrectly  or  indirectly  interested  in 

any  such  account  or  in  any  contract  for  the  furnishing 
co°nTrearctto   of  such  materials,  food  or  other  supplies.    The  said 
f or  supplies.  board  Q|  police  commissioners  shall  have  power  when- 
ever it  shall  deem  such  course  expedient  and  for  the 
best  interest  of  the  public,  to  cause  all,  or  any  part  of, 
such  materials,  food,  or  other  supplies,  in  such  quan- 
tities as  may  be  required  by  said  jailer,  to  be  furnished 
by  contract,  or  contracts,  to  be  let  to  the  lowest  bidder 
or  bidders  therefor.    The  provisions  of  section  nine  of 
title  eleven  of  this  act  shall  govern  the  letting  of  every 
such  contract,  so  far  as  said  provisions  are  applicable 
payment  by  hereto.    There  shall  be  paid  by  the  county  treasurer 
m5nten°r  Gf  the  county  of  Albany,  to  the  chamberlain  of  the 

anceof  jail.  ^  _  _      ,        .         .    -.  . 

city  of  Cohoes,  on  the  first  day  of  March,  eighteen 
hundred  and  ninety-six  (or  as  soon  as  practicable  after 
the  passage  of  this  act),  for  said  year,  and  on  the  first 
day  of  March  in  each  year  thereafter,  the  sum  of 
three  thousand  dollars,  which  shall  be  credited  by  said 


Title  VII. ]       Revised  Charter.  97 

chamberlain  to  the  funds  in  his  hands  to  be  known  as 
the  "Cohoes  Jail  Fund."  Said  sum  shall  be  in  full 
for  every  charge  and  expense  of  maintaining  and 
running  the  jail  in  the  city  of  Cohoes,  and  for  the 
custody  thereof  and  of  the  prisoners  confined  therein 
and  of  feeding  and  otherwise  taking  care  of  said 
prisoners.    Said  board  of  police  commissioners  shall Audit  and 

"I  •  1  '    _  payment  of 

audit  every  account  for  such  charge  and  expense,  and  accounts- 
the  same  shall  be  paid  upon  the  warrant  of  said  board, 
by  the  said  chamberlain,  from  the  said  fund,  design- 
ated the  "Cohoes  Jail  Fund,"  to  the  person  or  persons 
entitled   thereto.    Any    portion   of   said  fund  not 
expended  pursuant  to  the  provisions  of  this  section,  in 
any  one  year,  shall  be  appropriated  to  such  purposes 
as  the  said  board  of  police  commissioners  may  direct. 
The  supervisors  of  the  county  of  Albany  shall  not 
audit  any  claim  or  charge  presented  against  said 
county  by  reason  of  the  existence,  care  or  maintenance 
of  a  jail  in  the  city  of  Cohoes,  or  of  the  care,  custody 
and  maintenance  of  any  person  or  persons  confined 
therein,  arising  after  the  first  day  of  January,  eighteen 
hundred  and  ninety-six,  except  the  salary  of  the 
physician  thereof,  which  shall  be  and  remain  a  county 
charge. 

(As  amended  by  §  3,  Chapter  275,  Laws  of  1896.) 

NoTE:-Concerning  the  duties  of  the  board  in  respect  to  unsafe  scaffolding  etc  see 
§19,  of  the  Labor  Law  (Chapter  415,  Laws  of  1897),  as  amended  by  Chapter  192,  Laws 
oi  ioyy. 

§  13.  The  police  force.— The  police  force  of  saidPolice 
city  shall  be  styled  "the  police  force  of  the  city  of f°rCe' 

(L  ^^Xf  "i    Said  f?rce  shalfJC°nsistJ  for  the  time  being, 
'  ot-:  one  captain  of  police^  one  sergeant  of  police,  not 
more  than  two  roundsnfeo,  not  more  than  fa^n 
regular  patrolmen  of  police,  and  not  more  than  three  V  \) 
supernumerary  patrolmen.  f  There  shall  also  be  one  surgeon  of 
surgeon  of  police  and  one  station-house  keeper.    The  SES^T1 
number  of  said  patrolmen  may  at  the  discretion  of  said^er. 
board  of  police  commissioners,  be  increased  from  time 


98 


Patrolmen 
may  be  in- 
creased, 
how. 


Appoint- 
ments by 
board. 


Qualifica- 
tion of 
member- 
ship. 


Term  of 
office  and  . 
removal  of 
members  of 
police  force. 


Laws  of  the  City  of  Cohoes.    [Title  VIL 
to  time,  but  such  increase  shall  in  no  event  exceed  the 
rate  or  proportion  of  one  patrolman  to  every  one 
thousand  increase  of  inhabitants  of  said  city,  to  be 
determined  according  to  the  last  preceding  census 
taken  by  the  state  or  United  States.    The  members  of 
said  police  force  and  said  surgeon  of  police  and  station- 
house  keeper  shall  be  appointed  by  the  said  board  of 
police  commissioners  and  whenever  vacancies  occur  in 
said  force  or  in  the  office  of  surgeon  of  police  or 
station-house  keeper,  or  additional  members  of  said 
force  are  required  under  the  provisions  of  this  title, 
such  vacancies  shall  be  filled  and  such  additional 
members  appointed  by  said  board ;  but  no  person  shall 
be  appointed  to  membership  in  said  police  force  or 
shall  continue  to  hold  membership  therein,  who  is  not 
a  citizen  of  the  United  States,  or  who  has  ever  been 
convicted  of  a  crime,  or  who  can  not  understandingly 
read  and  write  the  English  language,  or  who  shall  not 
have  resided  in  the  city  one  year  next  preceding  his 
appointment.    All  officers  and  members  of  said  force, 
unless  removed  for  cause,  shall  hold  their  offices  during 
good  behavior  and  so  long  as  each  shall  well  and  faith- 
fully observe  and  execute  all  the  rules  and  regulations 
of  said  board  of  police  commissioners,  the  ordinances 
of  said  city  and  the  laws  of  the  state ;  and  no  member 
of  said  force  shall  be  removed  from  office,  until  written 
charges  shall  have  been  preferred  against  him  and  the 
same  shall  have  been  publicly  heard  and  examined  by 
said  board,  after  a  notice  to  him  of  such  charges  in  the 
manner  to  be  prescribed  by  said  rules  and  regulations. 


§  14.  The  said  board  shall  make  suitable  provisions 
respecting  security  to  be  given  by  the  captain  of  police 

be  given  by        1  »        ■-■        »  • ' 1 "  1   


Board  to 
provide  for 
security  to 


^SbVeernsoyfand  other  officers  of  said  force,  for  the  faithful  per- 
oIsT  formance  of  their  respective  duties.    Each  member  of 
officers     the  police  force  shall  subscribe  an  oath  of  office,  m  the 
constitutional  form,  in  a  book  kept  for  that  purpose, 
and  shall  take  said  oath  before  one  of  the  commissioners 


Title  VII.]        Revised  Charter.  99 

of  police,  each  of  whom  is  hereby  authorized  to 
administer  such  oath,  and  to  certify  the  taking 
thereof. 

§  15.  Every  member  of  said  force  shall  have  issued  Warrants  of 
to  him  by  said  board  a  proper  warrant  of  appointment  mPen°tsnt" 
signed  by  the  president  of  said  board,  and  counter- 
signed by  the  secretary,  which  warrant  shall  contain 
the  date  of  his  appointment  and  his  rank. 

§  16.  The  powers  and  duties  of  said  police  force  shall  ^Xerfo?L 
be  as  herein  more  particularly  denned,  and  shall  be in  general- 
exercised  and  performed  under  the  direction  and  con- 
trol of  said  board  of  police  commissioners  and  accord- 
ing to  rules  and  regulations,  which  it  is  hereby 
authorized  to  pass  from  time  to  time  for  the  govern- 
ment and  discipline  of  its  subordinate  officers.  The 
members  of  said  force  shall  possess  in  every  part  of  the 
state  of  New  York  all  the  common  law  and  statutory 
power  of  constables,  except  for  the  service  of  civil 
process,  and  any  warrant  for  search  or  arrest  issued  by 
any  magistrate  of  the  state  of  New  York  may  be 
executed  in  any  part  of  the  state  by  any  member  of 
said  force  without  any  indorsement  of  said  warrant,  and 
according  to  the  terms  thereof ;  and  the  several  mem- 
bers of  said  force  shall  have  power  and  authority, 
immediately  and  without  process,  to  arrest  and  take 
into  custody  any  person  who  shall  commit,  or  threaten 
or  attempt  to  commit,  in  the  presence  of  such  member, 
or  within  his  view,  any  breach  of  the  peace,  or  offense 
directly  prohibited  by  any  act  of  the  legislature,  or  in 
said  city,  by  any  ordinance  of  the  city;  but  such 
member  of  the  police  force  shall  immediately  upon 
such  arrest,  convey  in  person  such  offender  before  the 
nearest  magistrate,  that  he  may  be  dealt  with  accord- 
ing to  law. 

§  17.  Subordinate  to  the  said  police  commissioners,  captain  of 
the  captain  of  police  shall  be  the  chief  officer  of  said 
police  force,  and  shall  obey  and  cause  the  force  under 


100 


Reports  to 
be  made 
quarterly 
by  captain 
to  board. 


Annual 
report  to 
common 
council. 


Detective 
staff. 


Laws  of  the  City  of  Cohoes.    [Title  VII. 

him  to  obey,  the  rules  and  regulations  that  may,  in 
accordance  with  the  provisions  of  this  title,  be  from 
time  to  time  established  by  said  board  of  police  com- 
missioners.   He  shall  make  to  said  board  quarterly 
reports,  in  writing,  of  the  state  of  the  police  force,  with 
such  statistics  and  suggestions  as  he  may  deem  advis- 
able to  submit  for  the  improvement  of  the  government, 
discipline  and  efficiency  of  said  force.    On  or  before 
the  third  Tuesday  in  November  in  each  year,  he  shall 
make  a  report  in  writing,  to  be  approved  by  said  board, 
to  the  common  council  of  said  city,  showing  the  con- 
dition of  the  police  force  and  the  work  performed  by  it 
during  the  fiscal  year  last  past.    Said  report  shall  be 
published  by  the  common  council  as  a  part  of  its 
annual  report.    He  shall  have  the  charge  of  organ- 
izing and  directing  a  detective  staff  of  not  more  than 
three  members  of  said  force,  which  staff  shall  from 
time  to  time  be  selected,  designated  and  detailed  for 
service  connected  wirh,  and  to  aid  in  such  manner  as 
the  board  of  police  commissioners  may  approve  and 
direct,  in  the  prompt  detection  and  punishment  of 
crime.    He  shall  also  be  the  property  clerk  of  said 
city. 

(As  amended  by  §  6,  Chapter  625,  Laws  of  1901.) 
Duties  of       §  ig   it  is  herebv  made  the  duty  of  said  police  force, 

police  force.        o  >■>  m  . 

at  all  times  of  the  day  or  night,  withm  the  sard  city  ot 
Cohoes,  and  the  members  of  said  force  are  accordingly 
hereby  thereunto  empowered,  especially  to  preserve 
the  public  peace,  prevent  crime,  detect  and  arrest 
offenders,  suppress  riots  and  insurrections,  protect  the 
rights  of  persons  and  of  property,  guard  the  .public 
health,  preserve  order  at  every  primary  and  public 
election,  to  remove  nuisances  from  public  streets  and 
public  and  private  alleys  roads  places  and  highways ; 
repress  and  restrain  disorderly  houses  and  houses  of 
ill-fame;  to  arrest  all  street  beggars  and  mendicants; 
to  provide  a  proper  police  attendance  at  every  fire,  in 


Property 
clerk. 


Title  VII.]       Revised  Charter. 


101 


order  that  thereby  the  firemen,  fire  engines  and  property 
exposed,  maybe  suitably  protected  or  assisted ;  to  assist, 
advise  and  protect  immigrants,  strangers  and  travelers 
in  public  streets  and  at  the  railroad  depots ;  enforce 
every  law  relating  to  the  suppression  and  punishment 
of  crime,  or  to  the  observance  of  Sunday,  or  regarding 
pawnbrokers,  emigrants,  or  elections,  or  gambling,  or 
intemperance,  or  lotteries,  or  lottery  policies,  or  vag- 
rants, or  disorderly  persons,  or  the  public  health,  or 
any  ordinance  or  resolution  of  the  common  council  or 
any  board  of  said  city  applicable  to  police,  health  or  - 
criminal  procedure. 

§  1 9.  All  criminal  process  for  any  offense  committed  criminal 

.  ,  ,  .  .  -,  .        .  process  to 

within  said  city  issuing  out  of  any  court,  or  from  anvbeserved 

d  J  by  police 

justice,  recorder  or  justice  of  the  peace  within  saidforce 
city,  and  all  process,  subpoena,  bench  warrant  or  other- 
wise, issued  by  the  district  attorney  of  the  county  of 
Albany  relating  to  any  offense  committed  within  said 
city,  may  be  served  by  a  member  of  said  police  force. 

§  20.  The  captain  of  police  shall  receive  an  annual  salaries, 
salary  not  to  exceed  eleven  hundred  dollars,  the  ser- 
geant not  to  exceed  one  thousand  dollars,  per  annum, 
and  each  roundsman,  or  patrolman  of  the  force  or 
special  officer  or  supernumerary  shall  receive  a  salary 
not  to  exceed  nine  hundred  dollars  per  annum;  the 
station-house  keeper  shall  receive  not  to  exceed  five 
hundred  dollars  per  annum.  All  of  said  salaries  shall 
be  paid  monthly  by  the  chamberlain  of  said  city  to 
each  person  entitled  thereto,  subject  to  such  deductions 
each  month  from  the  salary  or  pay  of  members  of  the 
force  as  the  board  sljall  make  to  satisfy  fines  imposed 
on  any  member  of  said  force  by  way  of  discipline  or 
punishment  and  as  prescribed  by  the  rules  and  regula- 
tions of  said  board.  The  warrant  of  the  chamberlain  warrant 
•  for  the  payments  authorized  in  this  section  shall  be  a  of "sa llrTe? 
written  statement,  or  pay-roll  showing  the  amount 
actually  due  and  payable  to  each  person  named  therein, 


102  Laws  of  the  City  of  Cohoes.    [Title  VII. 

which  shall  be  prepared  by  said  board  and  subscribed 
and  certified  to  be  correct  by  the  members  of  said 
board  or  a  majority  of  them,  and  shall  be  filed  by  said 
board  with  said  chamberlain  before  payment  of  any 
sum  payable  as  therein  mentioned  is  made  by  him. 

Note  :_The  salary  of  the  police  surgeon  is  not  specified,  but  see  sub.  3,  §  7,  Title 
IV  of  this  act. 

for^edto  §  21 .  The  board  of  police,  for  meritorious  and  extra - 
vZiser'  ordinary  services  rendered  by  any  member  of  the  police 
force  in  the  due  discharge  of  his  duty,  may  permit  any 
member  of  the  police  force  to  retain,  for  his  own 
benefit,  any  reward  or  present  tendered  him  therefor ; 
and  it  shall  be  cause  of  removal  from  said  force  for  any 
member  thereof  to  receive  any  such  reward  or  present 
without  giving  notice  thereof  to  the  board.  Upon 
receiving  such  notice  the  said  board  may  either  order 
said  member  to  retain  the  same  or  pay  it  over  to  the 
chamberlain  of  said  city. 

Expenses  §  22.  The  necessary  expenses  incurred  in  the  execu- 
dtcyucrheadr ge.  tion  of  criminal  process  within  said  city  shall  be  a 
no  fees  for  charge  against  the  city.  No  fees  or  compensation 
bervreccei?ed  whatever,  other  than  as  herein  provided,  shall  be 

by  the  po-  7  * 

lice  officers.  charged  or  received  by  any  officer  or  member  01  the 
said  police  force  for  the  arrest,  confinement  or  dis- 
charge of  any  person,  or  for  any  mileage  or  travel,  or 
for  serving  any  warrant,  subpoena  or  process,  or  for 
discharging  any  other  duty  required  by  this  act ;  nor 
shall  any  such  fee  or  compensation  be  charged  or 
received  by  any  officer  or  citizen  for  the  arrest  of  any 
person  charged  with  crime,  or  for  the  service  of  any 
warrant,  subpoena  or  other  process  in  any  criminal  case, 
Expenses  to  except  as  herein  provided.  The -actual  necessary  and 
by  board6  reasonable  traveling  expenses,  which  shall  include 
board  as  well  as  transportation,  incurred  by  any  officer 
or  member  of  said  police  force,  or  by  any  other  officer 
or  citizen  who  may  have  been  selected  to  execute  any 
process  issued  within  said  city  of  Cohoes,  incurred  by 
any  such  officer  or  member  of  the  police  force,  or  other 


Duty  of 
supervisors, 
as  to  pay- 
ment of 
expenses 


Title  VII. ]       Revised  Charter.  103 

officer  or  person  in  executing  any  such  process  or  dis- 
charging any  duty  required  of  him  by  the  district 
attorney  of  the  county  of  Albany,  or  by  any  recorder, 
justice  of  the  peace,  judge  of  a  court  of  record  or  crimi- 
nal court,  held  within  said  city,  for  any  offense  arising 
within  said  city,  shall  be  audited  and  allowed  by  the 
said  board  of  commissioners,  and  paid  by  the  chamber- 
lain of  said  city  of  Cohoes.  Such  charges  shall  only 
be  allowed  upon  the  affidavit  of  the  person  making 
them,  and  shall  not  include  any  items  for  traveling 
expenses  in  any  case  wherein  transportation  has  been 
furnished  to  the  party  gratuitously  and  without  expense 
to  him,  under  whatever  circumstances  such  free  trans- 
portation may  have  been  furnished.  The  board  of 
supervisors  of  the  county  of  Albany  shall  annually 
cause  to  be  raised  by  tax,  in  the  manner  provided  by  and" 
law  for  assessing,  levying  and  collecting  the  state  and 
county  taxes  within  and  for  said  county,  a  sum  suffi- 
cient to  pay  the  charges  and  expenses  incurred  by  said 
police  force  in  the  service  of  all  criminal  process  issuing 
from  the  district  attorney,  or  any  recorder  of  the  city 
of  Cohoes,  for  police  services  rendered  by  any  member 
of  said  police  force,  or  by  said  police  board  in  the 
execution  of  criminal  process,  in  cases  now  chargeable 
to  said  county;  the  same  to  be  assessed,  levied  and 
collected  upon  and  from  the  county,  in  the  same  man- 
ner, ratio  and  proportion  as  the  accounts  of  deputy 
sheriff  and  constables  of  said  county  are  now  charged, 
assessed,  levied  and  collected ;  the  amount  thereof  to 
be  paid  to  the  chamberlain  of  the  city  of  Cohoes,  to  be 
applied  towards  the  general  expenses  of  said  police 
force ;  and  it  shall  be  the  duty  of  the  said  board  of 
police  commissioners  to  furnish  annually,  to  the  board  Board  of 

1/7  police  com- 

of  supervisors  of  said  county,  an  accurate  statement  of  goners 
all  moneys  paid  out  by  said  board  under  the  require-  Jfa^e™|nts 
,  ments  of  this  section  during  the  preceding  year  and  paid  under 
the  amount  so  raised  shall  be  paid  over  by  the  county this  section 
treasurer  of  said  county  to  the  chamberlain  of  said 
city  of  Cohoes. 


104  Laws  of  the  City  of  Cohoes.    [Title  VII. 

Fines im-  §  23.  All  fines  imposed  by  the  board  of  police  com- 
posed on 

members  of  missioners  upon  members  of  the  police  force,  by  way 
to  chamber- °^  discipline,  and  collectible  from  their  pay  or  salary, 
lain-  all  rewards,  fees,  proceeds  of  gifts  and  emoluments  that 
may  be  paid  and  given  for  account  of  extraordinary 
services  of  any  member  of  the  police  force  (except  when 
allowed  to  be  retained  by  such  member),  and  all  moneys 
remaining  for  the  space  of  one  year  in  the  hands  of 
the  property  clerk,  arising  from  the  sale  of  unclaimed 
goods,  and  all  proceeds  of  sales  for  penalties  under 
this  act,  shall  be  paid  over  to  the  chamberlain  of  said 
city  of  Cohoes. 

wbedeSu     §        ^TPon       application  of  any  corporation,  per- 
fadi  d°utyPon  son  or  Persons  showing  the  necessity  therefor,  said 
ofSrporT-  board  of  police  commissioners  shall,  whenever  expedi- 
tionS,etc.    en^  ^etail  regular  patrolmen  of  the  police  force,  or 
appoint  and  swear  any  additional  number  of  special 
patrolmen  or  police  to  do  special  duty  within  the  said 
city,  the  corporation,  person,  or  persons  by  whom  the 
application  shall  be^  made  contributing  to  the  police 
fund,  by  payment  to  the  chamberlain  of  the  said  city 
of  Cohoes,  a  sum  not  exceeding  the  sum  of  two  dollars 
and  fifty  cents  per  diem  of  service  during  such  detail 
et°cWorf 'such or  sPec^  duty.    But  the  patrolmen,  so  additionally 
patrolmen.  anc[  specifically  appointed  shall  be  subject  to  the  orders 
of  the  captain  of  police,  and  shall  obey  the  rules  and 
regulations  of  the  said  board,  and  conform  to  its 
general  discipline,  and  to  such  special  regulations  as 
shall  be  made,  and  shall  wear  such  dress  and  emblems 
as  the  board  may  direct ;  and  shall,  during  their  term 
of  holding  such  appointment,  possess  all  the  powers 
and  privileges  and  discharge  all  the  duties  of  patrolmen 
of  the  police  force,  or  such  special  duties  as  may  be 
assigned  to  them  by  said  board ;  and  they  may  be 
removed  at  any  time  by  the  said  board,  without  cause 
assigned  therefor,  upon  notice  to  the  person  or  persons 
who  applied  for  the  appointment  as  aforesaid.  And 


Title  VIL]        Revised  Charter.  105 

the  said  board  of  police  commissioners  shall  have  supemu- 
authority  to  appoint  not  to  exceed  three  supernumer-  polISmen 

, .  x  in  the  sev- 

ary  policemen  to  be  attached  to  each  police  precinct,  Jif- 
as  it  shall  deem  proper ;  such  supernumerary  patrol- 
men shall  be  appointed  for  the  purpose  of  temporarily 
filling  the  place  and  discharging  the  duties  of  the 
regular  patrolmen  who  may  be  absent  from  time  to 
time,  and  while  on  duty  shall  possess  all  the  powers 
and  be  subject  to  the  same  duty  and  discipline  as 
regular  patrolmen,  and  they  shall  receive  such  sum  as 
the  board  of  police  commissioners  may  determine,  not 
exceeding  the  per  diem  pay  of  regular  patrolmen. 

§  25.  Said  board  may  also,  upon  any  emergency  or  special 
apprehension  of  riot,  pestilence  or  invasion,  appoint  ?SSS 

n  1  •   •  riot  etc 

irom  among  the  citizens  as  many  special  patrolmen  ' 
without  pay,  as  it  may  deem  desirable:  and  during- Jd  '  T elec' 
any  day  of  public  election  it  may  appoint,  to  perform 
duty  in  the  said  city  of  Cohoes,  so  many  special  patrol- 
men as  may  be  required  to  keep  order  during  such  elec- 
tion, who  may  be  paid  for  their  services,  as  such  special  f]f£|/"£ 
patrolmen  on  such  day,  J^©  dollars  each  out  of  the^/^S 
police  fund,  to  be  contributed  by  said  city  of  Cohoes ; 
provided,  however,  that  each  special  patrolman  so  fpa 
appointed  shall,  at  the  time  of  his  appointment,  make^*™ 
an  oath  before  a  commissioner  or  the  captain  of  the election  day 
police,  that  he  will  not,  in  any  manner,  interfere  with 
or  hinder  the  election  taking  place  on  the  day  for 
which  he  is  appointed,  otherwise  than  by  depositing 
his  own  vote  and  maintaining  order  at  said  election ; 
and  providing  that  such  pay  may  be  withheld,  and  he 
may  be  duly  prosecuted  as  for  a  misdemeanor,  if  the 
terms  of  such  oath  be  violated ;  and  during  the  term 
of  service  of  any  special  patrolmen  authorized  as  afore- 
said, he  shall  possess  all  the  powers  and  privileges  and 
perform  all  the  duties  of  the  patrolmen  of  the  standing 
force,  and  he  shall  wear  such  emblem  as  shall  be  pre- 
scribed and  furnished  by  said  board. 


to  resign 
without 
consent  of 
board. 


106  Laws  of  the  City  of  Cohoes.    [Title  VII. 

berofXrce  §  ^°  memDer  of  the  police  force,  under  penalty 
of  forfeiting  the  salary  or  pay  which  may  be  due  him, 
shall  withdraw  or  resign  except  by  permission  of  the 
board  of  police  commissioners,  unless  he  shall  have 
given  to  said  board  one  month's  notice  in  writing  of 
his  intention  so  to  do.  The  said  board  may  suspend 
from  pay  or  duty,  or  both,  any  member  of  said  force, 
but  no  longer  than  thirty  days  from  pay  at  one  sus- 
pension. 

crimes        «  27.  It  shall  be  a  misdemeanor,  punishable  by 

against  the       «  ;     x  " 

SlnchTse.  imprisonment  in  the  county  jail  or  in  the  Albany  peni- 
tentiary for  not  less  than  one  year  and  not  exceeding 
two  years,  or  by  a  fine  of  not  less  than  two  hundred 
and  fifty  dollars,  for  any  person,  without  justifiable  or 
excusable  cause,  to  use,  or  incite  any  other  person  to 
use,  personal  violence  upon  any  elector  upon  any  elec- 
tion day  in  said  city  of  Cohoes,  or  upon  any  member 
of  the  police  force  thereof  when  in  discharge  of  his 
duty;  or  for  any  such  member  wilfully  to  neglect 
making  any  arrest  for  any  offense  against  the  law  of 
this  state,  or  any  ordinance  in  force  in  any  part  of  the 
said  city  of  Cohoes,  or  for  any  person  not  a  member 
of  said  police  force  falsely  to  represent  to*  himself  as 
being  such  a  member  with  a  fraudulent  design  upon 
persons  or  property. 

Property^  §  28.  All  property  or  money  alleged  or  supposed  to 
custody  of  have  been  feloniously  obtained,  or  which  shall  be  lost 

police.  •- 

or  abandoned,  and  which  shall  thereafter  be  taken 
into  the  custody  of  any  member  of  said  police  force* 
of  any  criminal  court  in  the  city  of  Cohoes,  or  which 
shall  come  into  the  custody  of  the  recorder  or  of  a 
justice  of  the  peace  within  said  city  of  Cohoes,  shall 
be,  by  such  member,  recorder  or  justice,  or  by  order  of 
said  court,  given  into  the  custody  of  and  be  kept  by 
the  property  clerk  of  said  city ;  and  all  such  property 
and  money  shall  be  particularly  registered  by  said 

*So  in  the  original. 


To  be 
registered. 


Title  VII.]        Revised  Charter.  107 

property  clerk  in  a  book  kept  for  that  purpose,  which 
shall  contain  also  a  record  of  the  names  of  the  persons 
from  whom  such  property  or  money  was  taken,  the 
names  of  the  claimants  thereof,  the  time  of  the  seizure 
and  any  final  disposition  of  such  property  or  money. 

1 .  Whenever  property  or  money  shall  be  taken  from  Disposition 
persons  arrested,  and  shall  be  alleged  to  have  beenofsudT  e 

»  i  property. 

feloniously  obtained,  or  to  be  proceeds  of  a  crime,  and 
whenever  brought  with  the  claimant  thereof,  and  the 
person  arrested  before  some  magistrate  for  adjudica- 
tion, and  the  magistrate  shall  be  then  and  there  satis- 
fied from  evidence  that  the  person  arrested  is  innocent 
of  the  oifense  alleged,  and  that  the  property  rightfully 
belongs  to  such  person,  then  said  magistrate  may 
thereupon,  in  writing,  order  such  property  or  money 
to  be  returned  to  such  person,  and  the  property  clerk  Tobe  de- 
(if  he  have  it),  deliver  such  property  or  money  to  the^|ed'° 
accused  person  himself,  and  not  to  an  attorney,  agent 
or  clerk  of  such  person  accused. 

2.  If  any  claim  to  the  ownership  of  such  property  jo  remain 
or  money  shall  be  made  on  oath  before  the  magistrate,  S  prqpeny 
by  or  on  behalf  of  any  person  than  the  person  socerk'when- 
arrested,  and  the  said  accused  person  shall  be  held  for 

trial  or  examination,  such  property  or  money  shall 
remain  in  the  custody  of  the  property  clerk  until  the 
discharge  on*  conviction  of  the  person  accused. 

3.  All  property  or  money  taken  on  suspicion  of  Tobe  ad- 
having  been  feloniously  obtained,  or  of  being  the  pro-  of°r 

-ifl.  interested 

ceeds  ot  crime,  and  tor  which  there  is  no  other  claimant 
than  the  person  from  whom  the  same  was  so  taken,  and 
all  lost  property  coming  into  the  possession  of  any 
member  of  said  police  force,  and  all  property  and  money 
taken  from  pawnbrokers  as  the  proceeds  of  crime,  or 
by  any  such  member  taken  from  persons  supposed  to 
be  insane,  intoxicated  or  otherwise  incapable  of  taking 
care  of  themselves,  shall  as  soon  as  practicable,  be 

*So  in  the  original. 


108  Laws  of  the  City  of  Cohoes.    [TitJe  VIII. 

transmitted  to  the  property  clerk  of  said  police  force, 
to  be  duly  registered  and  advertised  for  the  benefit  of 
all  persons  and  parties  interested,  and  for  the  informa- 
tion of  the  public  as  to  the  amount  and  disposition  of 
the  property  so  taken  into  custody  by  the  police. 

Fo°beesoki  4.  All  property  and  money  that  shall  remain  in  the 
tu?tion,c  custody  of  the  property  clerk  for  the  period  of  six 
1  months  without  any  lawful  claimant  thereto,  after 
having  been  three  times  advertised  in  a  newspaper  of 
said  city,  shall  be  disposed  of  as  follows  :  Such  prop- 
erty shall  be  sold  at  public  auction,  according  to  the 
tenor  of  such  advertising  and  the  proceeds  of  such 
sale  shall  be  paid  over  to  the  chamberlain  of  said  city 
of  Cohoes. 

Sained  for  ^'  ^  any  •  property  or  money  placed  in  the  custody 
whennce'  °f  the  property  clerk  shall  be  desired  as  evidence  in 
any  police  or  other  criminal  court,  such  property 
shall  be  delivered  to  any  officer  who  shall  present  an 
order  to  that  effect  from  such  court.  Such  property 
shall,  however,  not  be  retained  in  said  court,  but 
shall  be  returned  to  said  property  clerk  to  be  disposed 
of  as  hereinbefore  provided. 

§  29.  (Repealed  by  §  4,  Chap.  275,  Laws  of  1896.) 

Note  :— As  to  police  matrons,  see  Article  V,  of  the  general  city  law,  infra. 

TITLE  VIII. 

WATER  SUPPLY. 


Board  of       Section  1.  There  shall  be  aboard  of  water  com - 

water  com- 

missioned.  missioners  0f  said  city  composed  of  the  mayor  lor  the 
time  being  and  six  water  commissioners.  Upon  the 
appointment  of  water  commissioners  in  each  alternate 
year,  as  in  the  next  section  provided,  the  members  of 
doTofiza'  said  board  shall  meet  in  the  rooms  provided  by  the 
board-  common  council  for  their  use,  and  shall  then  organize 
by  electing  one  of  their  number  president  of  the  board, 
frhev  shall  also  elect  one  of  theirnumber  or  other 


Title  YIIL]       Revised  Chaete^^  109 

person  secretary ^jy Tip  a s_such ✓Secretary  shall  receive, 
jin  annual  salary  of  not  /o  exceed  three  hundredj*^?* 
^q^^^^^^qj^g^^^J  Said  board  may  make  all 
necessary  rules  and  regulations  for  its  government  Rules  and 
and  the  transaction  of  its  business.    The  members  compens"- 
shall  serve  without  compensation,  members. 

§  2.  The  common  council,  at  its  annual  meeting  inAPPoint- 

•  '  "        merit  of 

the  year  eighteen  hundred  and  ninety-two,  and  every  members, 
second  year  thereafter,  shall  appoint  two  water  com- 
missioners, who  shall  each  hold  office  for  the  term  of  T^rm  of 

J  office. 

six  years.    Vacancies  in  the  office  of  water  commis-  vacancies 

in  office. 

sioner  shall  occur  in  the  case  of  death,  resignation, 
removal  or  inability  of  the  incumbent.  The  common 
council  shall  have  power  to  fill  vacancies  in  said  office 
by  the  concurring  vote  of  a  majority  of  the  aldermen 
elected  thereto ;  but  if  the  common  council  shall  have 
neglected  for  two  months  after  the  occurrence  of  a 
vacancy,  to  fill  the  same,  the  power  to  do  so  shall 
devolve  upon  the  board  of  water  commissioners. 

§  3.  It  shall  be  the  duty  of  said  board  to  examine  Duties  of 
and  consider  all  matters  relative  to  supplying  the  city  missioners. 
of  Cohoes  with  a  sufficient  quantily  of  good  and 
wholesome  water;  and  for  that  purpose  it  shall  have 
power,  as  often  as  the  needs  of  the  city  shall  require, 
to  employ  engineers,  surveyors  and  such  other  persons 
as  it  shall  deem  necessary,  and  to  adopt  such  plans  as 
in  its  judgment  shall  be  most  feasible  for  securing 
such  supply  or  additional  supply  of  water  as  may  be 
required.  Such  plans  shall  embrace  the  proper  main 
and  distributing  pipes  for  a  supply  of  water  to  all  the 
streets  in  said  city  so  far  as  shall  be  deemed  advisable 
by  said  commissioners,  and  also  the  furnishing  and 
placing  such  number  of  street  hydrants  for  supplying 
water  for  the  extinguishment  of  fires  as  shall  to  said 
board  appear  needful ;  but  from  and  after  three  years  Expense  of 

„  47  extending 

irom  the  passage  of  this  act  no  extension  of  the  water-  works 
works  of  said  city  shall  unless  otherwise  provided  by 


110  Laws  of  the  City  of  Cohoes.    [Title  "VIII. 

law,  be  made  by  said  board  in  any  one  year,  which 
shall  involve  an  expense  exceeding  three  thousand 
contracts   dollars.    Said  board  shall  have  power  to  make  all 

for  labor 

?enriaisa"  necessary  contracts  for  labor  and  materials  for  the 
execution  of  its  plans  and  the  completion  of  the  work 
undertaken  by  it;  and  whenever  the  estimated  cost  of 
any  plan  or  work  contemplated  by  it  shall  exceed  two 
hundred  dollars,  said  board  may,  in  its  discretion, 
and  under  such  regulations  as  it  may  prescribe, 
advertise  for  bids  for  the  doing  of  such  work,  or  the 
furnishing  of  the  materials  required  therefor  or  any 
part  thereof. 

(As  amended  by  §  1,  Chapter  173,  Laws  of  1900.) 

Right  of       «  4,  The  said  board  of  water  commissioners,  in  be- 

board  to  use  c 

j^oii  half  of  the  said  city,  and  all  persons  acting  under  its 
Greets,  etc.  autnority,  shall  have  the  right  to  use  the  ground  or 
soil  under  any  street,  highway  or  road,  lanes  or  alleys, 
within  the  city  of  Cohoes,  or  the  town  of  Watervliet, 
for  the  purpose  of  introducing  water  into  and  through 
any  portion  of  the  city  of  Cohoes,  on  condition  that  it 
shall  cause  the  said  street,  highway  or  road,  lanes  or 
alleys,  to  be  relaid  and  restored  to  its  or  their  usual 
state,  and  all  damage  thereto  to  be  repaired;  and 
where  the  consent  "of  abutting  or  adjoining  owners  is 
requisite,  the  same  shall  be  first  had  and  obtained  or 
M.a:L*c:  their  damages  ascertained  as  herein  prescribed.  In 
all  cases  where  said  board  shall  be  unable  to  agree 
with  the  persons  owning  or  having  an  interest  in  any 
lands,  tenements  or  hereditaments  required  for  the 
purposes  of  this  title,  it  may  proceed  to  acquire  the 
same  by  condemnation  in  the  manner  prescribed  in 
chapter  twenty-three  of  the  Code  of  Civil  Procedure. 


quire  in 
terests  in 
land  by 
condemna 
tion. 


enter  upon 
premises. 


Power  to  §  5  The  said  board  is  hereby  authorized  to  enter 
into  or  upon  any  land  or  water  for  the  purpose  of 
making  surveys;  and  it  is  also  authorized  to  agree 
with  the  owner  of  any  property,  real  or  personal, 
which  in  its  judgment  may  be  required  for  the  purposes 


Title  VIII.]       Revised  Charter.  Ill 

of  this  title,  or  which  may  be  injuriously  affected 
by  any  operation  connected  with  the  same,  as  t  o  the 
amount  of  compensation  to  be  paid  to  such  owners. 
And  said  board  may  agree  with  any  owner  or  owners 
for  the  purchase  of  any  lands,  tenements,  heredita- 
ments, privileges,  rights,  interests  or  easements  in 
the  same,  which  may  be  required  for  the  purposes  of 
this  title,  or  for  the  taking  of  any  water ;  and  all  such 
agreements  and  conveyances  shall  be  made  and  taken 
in  the  name  of  the  city  of  Cohoes.  The  said  board  is  May  con- 
hereby  authorized  to  contract  with  the  Cohoes  Com- 

Cohoes 

„  ,  ,  _  „  company 

pany  tor  sach  supply  of  water  from  the  canals  or  the  for  water 

from  canals 

waters  of  said  company  as  may  be  required  under  the etc 
provisions  of  this  title,  at  a  price  not  to  exceed  that 
paid  by  other  users  of  water, 

§  6.  It  shall  be  the  duty  of  said  board  to  super-  T;0  super 
intend  the  construction  of  the  work,  keep  a  record  of  SSSn 
its  proceedings  in  suitable  books,  keep  a  register  of?eco?do? 
the  names  of  all  persons  furnished  by*  water;  and  itw°r 
shall  exercise  a  general  supervisory  and  controlling- 
power  and  direction  in  all  matters  relating  to  the 
preservation  and  continuance  of  the  work  authorized 
by  this  title,  and  of  all  lands,  property  and  rights 
acquired  thereunder.    It  shall  make  a  report  to  the 
common  council  of  said  city  of  its  proceedings  gener- 
ally, and  of  the  state  of  the  matters  in  its  charge, 
whenever  required  so  to  do  by  said  common  council. 

§  7.  Any  person  who  shall  do,  or  cause  or  permit  to  Provisions 
be  done,  any  act  whereby  any  work,  material  orp^SSl 
property  whatsoever,  erected  or  used  within  the  city 
of  Cohoes,  or  elsewhere,  by  said  city  or  board  of  water 
commissioners,  or  by  any  person  acting  under  its 
authority,  for  the  purpose  of  procuring  or  keeping 
a  supply  of  water,  shall  in  any  manner  be  injured  or 
damaged;  or  any  person  who  shall  draw  or  permit  to 
be  drawn  from  any  street  hydrant,  except  for  fire 


of  works, 
etc, 


*So  in  the  original, 


/ 


112  Laws  of  the  City  of  Cohoes.    [Title  VIII. 

purposes,  any  water,  without  the  express  permission 
of  the  superintendent  of  said  works,  or  of  the  said 
board ;  or  an y  person  who  shall  throw  or  cast,  or 
permit  to  be  thrown  or  cast,  any  offensive  or  delete- 
rious substance  or  thing' into,  or  within  the  boundary 
fence  of  the  property  used  by  said  board  for  reservoirs 
or  the  approaches  thereto,  or  allow  any  animal  or 
fowl  to  enter  thereupon;  or  any  person  who  shall 
open  or  tap  any  street  main  to  introduce  a  pipe 
therein  or  use  the  water  therefrom   without  first 
having  procured  the  permit  therefor  from  the  super- 
intendent, shall  be  deemed  guilty  of  a  misdemeanor 
and  punished  accordingly ;  and  any  person  who  shall 
allow  the  water  to  run  to  waste  from  any  tap  or  vent, 
or  shall  use  the  same  in  a  wasteful  or  negligent 
manner,  or  who  shall  use  the  water  or  permit  the 
same  to  be  used  for  purposes  other  than  those  speci- 
fied in   the  permit  therefor,  without  such  express 
permission  as  aforesaid,  shall  be  liable  to  a  fine  of  not 
less  than  five  nor  more  than  ten  dollars  for  each  day 
or  part  of  a  day  it  is  so  wasted  or  used  ;.  said  fine  to  be 
collected  by  suit  in  the  name  of  said  board,  in  a  court 
of  a  justice  of  the  peace  in  said  city ;  or  the  supply  of 
water  may  be  cut  off  as  herein  provided,  at  the  option 
Rules,  re-  0f   said  board.    Said  board  shall  have  power  to 
andaord^  make  such  by-laws,  rules  and  regulations  for  the 
protection  preservation ,  protection  and  management  of  the  said 
etc-        water-works,  and  the  use  and  control  of  the  water,  as 
it  shall  deem  advisable,  and  which  shall  have  the 
same  force  and  effect  as  ordinances  enacted  by  the 
common   council;  and  it  may  impose  such  fines,' 
penalties   and   punishments    for  the  infringement 
thereof  as  to  it  shall  seem  proper;  provided  no  such 
by-laws,  rule  or  regulation,  or  the  punishment  therefor, 
shall  be  inconsistent  with  law  or  this  act. 


Title  VIII.]       Revised  Charter.  113 

§  8.  The  said  board  shall  appoint  an  offipef^  who  feu£n- 
may  be  removed  by  it  at  pleasure,  who  shatfbe  known  ^T1^ 

7  /  v  v  ±x  works,  ap- 

as  superintendent  of  water- works,  and/shall  be  com-  Jndnr?ent 
petent  to  discharge  such  duties  a/said  board  may  "ov*"of-     .  q  o  / 
prescribe.    He  shall  devote  allXecessary  time  and  ^ 
services,  under  thejgne^^  -f  * 

said  board,  to  the<£ons1^^  *"'5a^-*e2<i! 
h  of  the  water- works,  and  shall  receive  a  salary  to  bems  salary. 
^J^te^in^  not   exceeding  (gS^—i^Uctu^ 

hun^i^  He   shall  give  such  security  for 

security  for  the  faithful  discharge  of  his  duties  asf^ 
may  be  required  by  said  board. 

§  9.  The  said  board  shall  audit  all  claims  for  any  Board  to 
sum  in  favor  of,  and  payable  by  virtue  of  this  title,  SiL,  etc. 
to  any  person  for  land  taken  or  purchased  by  it  as 
herein  provided,  or  to  any  contractor  for  any  sum  due 
upon  his  contract,  and  for  any  sum  payable  to  any 
person  for  labor  or  for  incidental  or  other  expenses 
incurred  under  the  provisions  of  this  title,  and  shall 
draw  on  the  chamberlain  for  the  payment  thereof.  All 
such  drafts  shall  be  signed  by  the  president  of  said 
board  and  countersigned  by  the  secretary,  and  shall 
specify  the  object  for  which  they  are  drawn,  as  near 
as  may  be.    It  shall  be  the  duty  of  the  chamberlain  to 
pay  such  drafts  in  every  case  where  a  voucher  is 
delivered  to  him.    All  moneys  to  be  raised  by  virtue 
of  this  title  shall  be  applied  and  expended  to  and  for 
the  purposes  mentioned  in  this  title  and  for  no  other 
purpose  whatever. 

§  10.  Out  of  the  moneys  raised  by  virtue  of  this  title,  sinking 
said  board  shall  appropriate  and  pay  not  less  than  one fu 
thousand  dollars  per  annum  to  a  sinking  fund  to  be 
managed  and  controlled  by  said  board.    Said  sinking 
fund  shall  be  maintained  for  and  applied  to  the  pay- 
ment of  the  principal  of  bonds  issued  for  water  pur- 
poses of  said  city,  which  shall  from  time  to  time 
become  due  and  payable  after   the   year  nineteen 
hundred  and  six. 


114  Laws  of  the  City  of  Cohoes.    [Title  VIII. 

scale  of        §  11.  The  said  board  of  water  commissioners  shall 
establish  a  scale  of  annual  rents  to  be  charged  and 
paid  semi-annually  for  the  supply  of  water,  to  be 
called  water  rents,  and  apportion  the  same  to  the 
different  classes  of  houses,  buildings  and  uses  in  said 
city  consuming  water,  as  near  as  may  be,  according  to 
the  usual  consumption  of  water  by  such  different 
classes  of  buildings,  and  uses  in  said  city  for  ordinary 
purposes,  and  to  buildings  and  lots  that  abut  or  adjoin 
on  the  line  of  any  street  or  alley  or  place  where  water 
supply  pipes  are  laid,  and  vacant  lots  so  abutting  or 
adjoining,  as  it  shall  deem  proper,  provided,  however, 
that  the  water  rent  for  such  vacant  lots  shall  not  be 
less  than  fifty  cents  nor  more  than  one  dollar  each  \ 
.and  said  water  rents  and  the  charges  on  vacant  lots 
shall  be  like  state,  county  and  city  taxes,  a  lien  and 
charge  upon  such  properties,  buildings  and  lots  and 
permits  for  vacant  lots  as  is  herein  provided.    Said  board  may,  in 
£yef°acro^ter  its  discretion,  also  grant  permits  for  the  use  of  water 
"eS,etC     by  factories  and  for  other  special  purposes,  which 
water,  however,  must  be  taken  through  meters  and  on 
such  terms  and  conditions  as  said  board  may  deem 
best,  and  shall  as  far  as  practicable,  classify  such 
special  uses  and  to  establish  uniform  rates  therefor; 
but  no  permits  shall  be  given  which  shall  interfere 
with  a  sufficient  supply  of  water  for  extinguishing 
fires  and  for  ordinary  purposes;  and  said  board  and 
its  respective  employes  shall  be  authorized  at  all  times 
to  enter  into  any  building  or  place  where  water  is 
used  from  supply  pipes,  to  examine  as  to  the  water, 
quantity  of  water  used  and  the  manner  of  using  it. 
Revocation     §  12.  Said  board  may  revoke  any  special  permit 
or  permits.  itg  judgment,  it  shall  interfere  with  such 

supply,  or  when  the  parties  to  whom  the  same  is 
granted  shall  use  the  water  in  a  manner  and  amount 
water      not  therein  contemplated.    Said  board   shall  have 
meters"     power  and  it  shall  be  its  duty  to  place  water  meters 
upon  all  main  pipes  leading  to  all  mills  and  mill 


Title  VIII.]       Revised  Chaeter.  115 
buildings  and  other  large  consumers  of  water,  and  such 
other  place  or  places,  building  or  buildings,  or  con- 
sumer of  water  as  it  shall  deem  proper;  and  the  same 
shall  be  of  such  pattern  and  so  attached  as  not  to 
impede  the  full  flow  of  water,  or  interfere  with  the 
use  thereof  for  extinguishing  lire.    The  expense  for 
the  same  shall  be  paid  by  the  said  board  of  water  Expense  of 
commissioners,  and  said  meter  shall  be  and  remain meters' etc' 
the  property  of  the  city  of  Cohoes.    If  more  than  one 
main  or  service  pipe  is  used,  attached  or  leading  into 
any  mill  or  other  large  consumer  of  water,  then  all 
such  service  pipes   shall  have  such   water  meters 
attached  thereon,  and  it  shall  be  the  duty  of  said 
board  to  attach,  or  cause  the  same*  be  put  thereon,  at 
such  place  or  places  as  the  superintendent  of  water- 
works shall  deem  proper.    All  such  water  meters  so  Meters  pro- 
attached  shall  belong  to  and  be  the  property  of  the  55v  °f 
city  of  Cohoes.    The  expense  of  said  water  meters 
and  of  attaching  the  same  to  said  pipes  shall  be  paid 
by  and  borne  by  the  person  using  such  water  and 
service  pipes,  and  the  same  shall  be  a  lien  like  general 
city  taxes  on  the  premises  whereon  the  same  is  placed, 
and  shall  be  assessed,  collected  and  enforced  in  like 
manner,  except  that  one  of  said  meters  must  be 
attached  and  the  expense  thereof  paid  by  said  board, 
and  said  board  shall  be  the  sole  judge  of  which  meter 
it  shall  pay  for.    No  charges  shall  be  made  for  theN0charge 
use  of  water  for  extinguishing  flres.    Before  any&SE 
water  rents  apportioned  as  provided  in  the  last  section 
shall  be  collected,  a  day  shall  be  appointed  by  said?SS£«2f 
board  by  publishing  notice  thereof  in  the  official 
paper  on  one  or  more  days  for  the  hearing  of  griev- 
ances against  the  assessment  of  any  rent  or  rents  afore- 
said, and  said  assessment  shall  be  subject  to  review, 
before  said  boards  as  other  assessments  in  said  city' 
are  reviewable. 


*So  in  the  original. 


116 

Connecting 
and  supply 
pipes. 


Permits  to 
tap  main. 


Laws  of  the  City  of  Cohoes.    [Title  VIII. 

§  13.  All  connecting  and  supply  pipes  for  buildings 
or  other  places  supplied  with  water  shall  be  laid  at  the 
expense  of  the  owner  or  occupant  of  such  property, 
under  the  supervision  and  direction  of  the  superin- 
tendent of  water-works,  as  he  may  be  authorized  by 
said  board ;  and  no  main  pipe  shall  be  tapped  until 
the  permit  therefor  be  obtained  from  said  superinten- 
dent,  which  permit  shall  express  the  purpose  for  which 
Rules,  etc,  water  may*  used,  and  shall  have  printed  thereon  the 
wier,etoberuies  an{i  regulations  for  the  use  of  water,  and  any 
permits0"  cases  0f  violation  of  said  rules  may  be  punished  by 
cutting  off  the  supply  of  water  from  said  premises, 
except  the  supply  for  extinguishing  fires;  the  same 
regulations  and  restrictions  shall  apply  to  the  use  of 
water  under  existing  permits  as  well  as  to  those  which 
shall  be  granted  under  this  title. 


Regula- 
tion of 
expenses. 


§  14. 


The  said  board  of  water  commissioners  shall 
so  regulate  its  expenses  that  the  payment  to  the  sink- 
ing fund,  the  payment  of  interest  on  bonds  issued  for 
water  purposes  in  said  city,  the  payment  of  the  prin- 
cipal of  such  bonds  otherwise  unprovided  for,  the 
payment  to  the  Cohoes  company  for  the  use  of  water, 
and  the  payment  for  salaries  of  officers  for  labor, 
materials,  expenses  of  repairs,  extension  of  the  works, 
new  hydrants,  gates  or  other  additions  and  improve- 
ments, shall  not  exceed  in  any  year  the  resources 
derived  from  water  rents;  and  it  shall  so  regulate, 
scale  and  determine  the  water  rents,  that  the  same 
shall  be  sufficient  to  meet  the  several  payments  in 
this  section  above  mentioned,  and  for  that  purpose 
said  board  shall  have  power  to  annually  either  increase 
or  decrease  the  water  rents. 

(As  amended  by  §  2,  Chapter  173,  Laws  of  1900.) 
Limit  of       o  }5   The  said  board  shall  make  no  purchase,  or 

power  of  o  .  , 

contract  any  debts  or  obligations  m  any  year,  beyond 
the  amount  it  is  empowered  by  this  title  to  raise 

*  So  in  the  original. 


Watei 
rents. 


board  to 
contract. 


pectmg 
bonds. 


Titk  VIII.]       Revised  Charter,  117 

annually,and  any  debt  or  obligation  contracted  beyond 
that  sum  shall  not  be  a  debt,  charge  or  liability  against 
the  city  of  Cohoes ;  but  any  water  commissioner  vot- 
ing for  the  same  shall  be  personally  liable  for  such 
debt,  obligation  or  liability.    Any  water   commis-  Penalty  for 

...  „  contracttng 

sioner  voting  for  any  purchase,  or  to  create  anvbey°nd 

.     __  J  credit  of 

indebtedness  beyond  the  credit  of  said  board  from  itsboard 
revenue  arising  from  water  rents,  shall  be  guilty  of  a 
misdemeanor,  and  shall  also  be  liable  to  a  penalty  of 
not  exceeding  one  hundred  dollars  for  each  and  every 
offense,  in  an  action  to  be  brought  against  him  in  the 
name  of  the  city  of  Cohoes,  by  said  city,  or  by  any 
taxpayer  thereof,  if  the  city  attorney  on  request  shall 
neglect  or  refuse  to  bring  the  same. 

§  16.  It  shall  be  the  duty  of  said  board,  at  all  times,  Duty  of 
to  provide  the  funds  for  the  payment  of  the  principal 
and  interest  on  all  bonds  for  water  purposes  afore- 
said, at  least  two  weeks  in  advance  of  the  time  when, 
and  as  often  as,  the  same  shall  become  due  and 
payable. 

§  17.  The  rules  and  regulations  for  the  use  of  water  Rules  and 
shall  be  printed  on  each  permit  and  printed  copies  fo?usaeoT 
thereof  shall  also  be  distributed  to  each  house  orpubHsnedW 
building  supplied  with  water,  and  shall  be  notice  to 
the  owner  or  occupant,  and  shall  authorize  the  recovery 
by  process  of  law,  in  the  name  of  the  city,  or  of  the 
superintendent  of  water-works,  of  any  penalty  es- 
tablished by  said  board,  for  any  violation  of  said  rules  ; 
and  the  observance  of  said  rules  may  also  be  enforced 
by  cutting  off  the  use  and  supply  of  water. 

§  18.  It  shall  be  the  duty  of  said  board,  On  Or  A  nnual 
before  the  third  Tuesday  in  November  in  each  vear,  to  ESSf £ 

-.  ^         1  common 

report  to  the  common  council,  in  waiting,  showing  ascounciL 
follows,  in  detail : 

1.  The  amount  assessed  and  charged  during  the 
preceding  year  for  water  rents,  for  permits  and  for 
other  purposes,  separately. 


Assessment 
roll  to  be 


Laws  of  the  City  of  Cohoes.    [Title  VIII. 

2.  The  amount  collected  from  each  of  the  above 
sources. 

3.  The  amount  expended  for  salaries  of  officers  and 
services  in  superintending  and  operating  the  works. 

4.  The  amount  expended  for  labor,  materials  and 
expenses  in  repairing  the  works. 

5.  The  amount  expended  in  extending  works,  put- 
ting in  new  hydrants,  gates  and  other  improvements. 

6.  The  amount  paid  for  contingent  expenses,  speci- 
fying to  whom  paid  and  for  what  purpose. 

(As  amended  by  §  8,  Chapter  625,  Laws  of  1901.) 
§  19.  On  or  before  the  fifteenth  day  of  April  and 
bol?dred  by  October  in  each  year,  said  board  shall  make  out  and 
deliver  to  the  chamberlain  an  assessment-roll  for  each 
ward  in  said  city,  in  which  shall  be  set  down  in  three 
separate  columns,  according  to  the  best  information 
of  said  board,  as  follows : 

In  the  first  column,  the  name  of  the  owner  or  occu- 
pant of  any  building  or  lot  chargeable  with  water  rent 
under  the  provisions  of  this  title. 

In  the  second  column,  the  number,  if  any,  of  the 
building  or  lot  to  be  assessed  for  such  water  rents,  or 
its  location  and  boundaries  or  such  description  thereof 
as  shall  identify  the  same. 

In  the  third  column,  the  amount  of  the  water  rent 
assessed  upon  such  building  or  lot,  and  all  special  rates 
that  may  from  any  cause  be  then  unpaid  thereon, 
warrant  saia  board  shall  annex  to  such  assessment-rolls 

tor  colleo  ~  , 

w0a"e°rfrents.  a  warrant  under  the  hand  and  seal  of  the  members  of 
the  board,  or  of  a  majority  of  them,  directed  to  the 
chamberlain,  commanding  him  to  collect  from  the 
several  persons  and  corporations  named  in  such  assess- 
ment-roll, within  twenty  days  after  the  same  shall  be 
delivered  to  him,  the  several  sums  mentioned  in  the 
last  column  of  such  roll,  opposite  their  respective 


Title  IX.]        Revised  Charter.  119 

names.  Such  regular  water  rents  shall  be  collected 
from  the  owners  or  occupants  of  all  buildings  and  lots 
respectively,  or  from  the  buildings  or  lots,  in  case  the 
owners  are  unknown,  where  such  buildings  shall  be 
situated  upon  lots  abutting  or  adjoining,  or  where 
such  lots  shall  abut,  adjoin  any  street  or  avenue  in 
said  city,  in  which  the  distributing  pipes  are,  or  may  Jf°1r1^ttison 
be  laid,  and  from  which  they  can  be  supplied  with  f°r^n~ 
water,  in  the  same  manner  as  is,  or  may  be  prescribed 
by  law  for  the  collection  of  taxes  for  city  purposes  in 
said  city,  and  in  all  respects  the  like  proceedings  shall 
be  had  by  the  chamberlain,  and  the  common  council 
of  said  city,  for  the  collection  of  such  rents  as  is  or  may 
be  prescribed  by  law  for  the  collection  of  general  taxes 
therein. 


ommis- 
sioners  not 
to  be  inter- 
rested  in 


§  20.  It  shall  be  a  misdemeanor,  and  punishable  £ 
accordingly,  for  any  of  said  water  commissioners,  or 
any  officer  of  said  board,  or  member  of  the  common  uS^tSs 
council  to  be  in  any  manner  interested  directly  or  in- mle 
directly,  in  furnishing  any  materials,  supplies  or  labor 
required  in  any  work  or  in  any  contract  authorized  by 
this  title. 

Note.— For  general  provisions  of  law  as  to  inspection  by  board  of  the  sources  of 
water  supply,  see  §  71,  of  the  public  health  law  (Chapter  661,  Laws  of  1893),  as 
amended  by  Chapter  251,  Laws  of  1899, 

TITLE  IX. 

THE  FIRE  I) EPA  RTEMEXT. 

Section  1.  There  shall  be  a  board  of  fire  commis-  Board  of 
sioners  in  and  for  said  city,  to  consist  of  the  mayor,  for  miners, 
the  time  being,  and  six  commissioners,  who,  at  the 
time  of  their  appointment,  shall  be  legally  qualified  President 
electors  under  this  act.    The  mayor  shall  be  ex-officio°  b°ard" 
president,  and  shall  preside  at  all  meetings  when 
present ;  but  in  case  of  his  absence  the  said  board 
shall  have  power  to  choose  one  of  their  number  to 
preside,  who,  when  the  mayor  shall  be  absent  from  the 
city  more  than  ten  days,  shall  have  power,  upon  filing 


120  Laws  of  the  City  of  Cohoes.       [Title  IX. 

with  the  chamberlain  a  certificate  of  his  appointment 
under  the  hand  of  the  clerk  of  said  board,  to  sign 
warrants,  during  such  absence  of  the  mayor,  for  the 
payments  of  accounts  allowed  by  the  board. 

(As  amended  by  §  1,  Chapter  908,  Laws  of  1896.) 

Term  of        &  2.  The  term  of  office  of  every  fire  commissioner 

office,  °  n     t  « 

appointed  pursuant  to  the  provisions  of  this  act  shall 
be  three  years  from  the  first  day  of  July,  in  the  year 
of  his  appointment,  except  that  the  term  of  office  of 
the  six  first  appointed,  as  provided  in  the  next  section, 
shall  be  as  therein  specified  and,  except  that  when 
such  appointment  shall  have  been  made  to  fill  a 
vacancy  occurring  before  the  expiration  of  any  term, 
it  shall  be  for  the  residue  only  of  such  unexpired  term . 

Removals 

Any  member  of  said  board,  except  the  mayor,  may, 
at  any  time,  be  removed  from  office  by  vote  of  two- 
thirds  of  the  members  of  the  common  council,  after 
reasonable  opportunity  to  be  heard  in  his  defense. 
The  reasons  for  such  removal  shall  be  specially 
entered,  with  the  names  of  the  members  voting  there- 
for, in  the  minutes  of  the  proceedings  of  the  common 
council. 

(As  amended  by  §  2,  Chapter  903,  Laws  of  1896.) 

Appoint-  §  3.  On  the  first  Tuesday  in  Jane,  in  the  year 
Smmfs-  .'eighteen  hundred  and  ninety-six,  the  mayor  shall 

sioners.  .  „       .  -.  ,  . 

appoint  six  fire  commissioners  of  said  city,  subject  to 
confirmation  of  each  such  appointment  by  the  con- 
curring vote  of  a  majority  of  the  common  council, 
exclusive  of  the:  mayor.  The  terms  of  office  of  the  fire 
commissioners  appointed  as  in  this  section  above  pro- 
vided shall  be :  Two  for  one  year,  two  for  two  years, 
two  for  three  years,  from  the  first  day  of  July,  in  the 
year  of  his  appointment;  and  the  respective  terms 
shall  be  designated  by  the  mayor  in  his  appointment. 
On  the  first  Tuesday  in  June,  in  the  year  eighteen 
hundred  and  ninety-seven,  and  on  the  first  Tuesday 
in  June,  in  every  year  thereafter,  there  shall  be 


Notice  of 
appoint- 


Title  IX.]         Revised  Charter.  121 
appointed  by  the  mayor  and  confirmed  by  the  common 
council,  as  above  provided,  two  fire  commissioners, 
who  shall  succeed  in  office  the  fire  commissioners 
whose  terms  next  expire.    From  and  after  the  appoint-  Terms  of 
ment  and  confirmation  of  fire  commissioners,  as  in  this  SSSl 
section  first  provided,  the  terms  of  office  of  the  present  S1°nerS 
fire  commissioners  of  said  city  shall  cease  and  deter- 
mine.,  In  case  of  death,  removal  from  the  city,  or 
removal  or  resignation  from  office  of  any  fire  COmmis-  Vacancies, 

i     r»  ,i  .  „  ,  *  how  filled. 

sioner  before  the  expiration  of  his  term,  said  board  of 
fire  commissioners  shall  have  power  to  fill  the  vacancy 
for  the  residue  of  the  unexpired  term.  Any  person 
appointed  by  said  board,  as  in  this  section  provided, 
shall  hold  his  office  in  the  same  manner  and  shall 
possess  and  exercise  the  same  powers  and  duties  as  if 
appointed  by  the  mayor  and  confirmed  by  the  commons- 
council;  and  the  clerk  of  said  board  shall  forthwith 
file  a  certificate  of  his  appointment  with  the  city  clerk. 
The  city  clerk  shall  serve  written  notice  of  his  appoint- 
ment, as  prescribed  in  the  case  of  elective  officers, 
upon  each  person  appointed  pursuant  to  this  section. 
Every  such  person,  within  five  days  after  the  receipt  oath 
of  such  notice,  shall  take  and  file  with  the  city  clerk 
the  oath  prescribed  by  law;  and,  in  case  such  person 
shall  have  been  appointed  to  fill  a  vacancy,  he  shall 
immediately,  upon  filing  such  oath,  enter  upon  the 
duties  of  his  office,  and,  in  all  other  cases,  on  the  first 
day  of  July,  in  the  year  of  his  appointment.  Said 
fire  commissioners  shall  serve  without  compensation. 
(Amended  by  §  3,  Chapter  903,  Laws  of  1896.) 

§  4.  The  said  board  shall  have  power  to  appoint  aclerkof 
clerk  of  said  board  and  to  fix  his  compensation,  which 
shall  not  exceed  fifty  dollars  per  year  for  all  his  ser- 
vices, and  to  remove  such  clerk  at  the  pleasure  of  the 
board.  A  majority  of  the  members  of  said  board  shall, 
at  any  meeting  thereof ,  constitute  a  quorum  for  theguorum, 
transaction  of  business ;  but  no  resolution,  having  in etc 


of 
office. 


122  Laws  of  the  City  of  Cohoes.       [Title  IX. 

view  directly  or  indirectly  the  expenditure  of  money, 
or  the  appointment  of  officers,  firemen  or  employes, 
shall  have  any  effect  unless  two-thirds  of  all  the  mem- 
bers of  said  board  shall  vote  for  the  same.  Said  board 
shall  make  such  rules  and  regulations,  not  inconsistent 
with  the  provisions  of  this  act,  for  its  government  as 
it  may  deem  proper. 

aShsistaantd      §      -^or  tae  extinguishment  of  fires  in  said  city,  the 

engineers.  ga^  koar(j  0f  fire  commissioners  shall,  from  time  to 
time,  appoint  from  the  exempt  or  active  firemen  of 
said  city  one  chief  engineer  and  two  assistant  engineers, 
and  subject  to  the  provisions  of  this  title,  shall  pre- 

companies.  scribe  their  duties.  Said  board  shall  have  power  to 
establish  and  equip  such  steamer,  hose  and  hook  and 
ladder  companies  as  it  may  deem  necessary  for  the 
protection  of  the  city,  and  may,  in  its  own  discretion, 

officers  and  appoint  therefor  the  following  men:    For  steamer 

firemen.  .  &  . 

companies,  one  engineer,  one  fireman,  one  driver  and 
not  to  exceed  twenty-six  hosemen ;  for  hose  companies, 
one  driver,  and  not  to  exceed  twenty-six  hosemen ; 
and  for  hook  and  ladder  companies,  one  driver,  one 
tillerman,  and  not  to  exceed  twenty-six  laddermen. 
Such  companies  shall  be  entitled  to  annually  elect, 
subject  to  confirmation  by  said  board,  and  for  cause  to 
remove  the  following  officers :  One  foreman,  two 
assistants,  one  secretary  and  one  treasurer.  No  com- 
pany organized  under  the  provisions  of  this  title  shall 
Firede-     consist  of   more  than  twenty-eight  members.  I  The 

partment.  *>  0 

several  persons  appointed  by  said  board,  as  in  this 
section  provided,  including  the  chief  and  assistant 
engineers,  shall  be  known  as  the  firemen  of  the  city 
of  Cohoes,  and  together  with  said  board  of  fire  com- 
missioners shall  constitute  the  fire  department  of  said 
city,  and  shall  hold  their  respective  places  and  appoint- 
ment during  good  behavior.  Said  board  shall  have  the 
power  to  fix  the  rate  of  their  compensation,  and  shall 


board 


of 


Title  IX.]        Revised  Charter.  123 

not  remove  them  except  for  cause,  and  after  a  reason- 
able opportunity  to  be  heard  in  their  defense. 
(As  amended  by  §  4,  Chapter  903,  Laws  of  1896.) 

^^:T4AV°.timeal,TanCeinCaSe0f  firemen  m°vin^  from  one  city  to  another, 
see  M  13,  14  of  the  general  city  law  (Chapter  327,  Laws  1900),  infra. 

§  6.  The  said  board  of  fire  commissioners  shall  have  PowerS 
the  control  and  management  of  the  said  fire  depart- 
ment, its  officers  and  men,  and  shall  prescribe  the  rules 
for  its  discipline  and  government,  and  shall  also  have 
control  and  management  of  the  public  property,  now 
or  hereafter  pertaining  to  said  fire  department,  and 
shall  from  time  to  time,  in  its  discretion,  subject  to  the 
provisions  of  this  act,  add  to,  acquire  and  dispose  of 
said  property,  except  real  estate,  which  shall  be  dis- 
posed of  subject  to  the  approval  of  the  common  council 
as  the  exigencies  of  the  department  may  require,  and 
shall  pay  over  to  the  city  chamberlain  all  moneys  that 
may  come  into  its  hands  from  the  sale  of  such  prop- 
erty ;  and  the  said  board  is  hereby  invested  with  all 
the  discretionary  powers  necessary  to  the  faithful 
execution  of  this  title,  including  the  proper  selection 
of  all  the  needed  buildings  and  offices  and  complete 
equipment  of  the  several  companies  with  houses 
engines,  hose,  hose-tenders,  hook  and  ladder  trucks' 
vehicles,  any  other  apparatus  and  horses  sufficient  for 
drawing  the  whole  or  any  part  of  the  apparatus  and 
by  a  two-third  vote  of  all  its  members  may  prescribe, 
control  and  regulate  expenditures  of  every  kind  of 
said  department. 


7.  The  chamberlain  of  the  city  shall  set  apart  A 


Appropria- 
tion to  cre- 


annually  on  the  first  day  of  September,  to  the  credit  a^  wa 
ot  said  board,  a  sum  equal  to  one-eighth  of  all  the 
moneys  raised  by  the  common  council  for  city  purposes 
in  each  year,  except  such  moneys  as  may  be  raised  for 
extraordinary  or  special  purposes  or  local  improve- 
ments, and  shall  also  credit  to  said  board  any  and  all 
moneys  received  and  collected  for  fines  and  penalties 


124  Laws  of  the  City  of  Gohoes.      [Title  IX. 

under  this  title,  or  received  from  the  sale  and  disposal 
of  property,  as  provided  in  the  preceding  section ;  and 
in  addition  to  the  amount  required  to  be  set  apart  as 
aforesaid,  the  common  council  shall  have  power  and  it 

Annual  tax.  s}ian  be  its  duty  to  raise  annually  by  tax,  to  be  levied 
in  the  same  manner  as  ordinary  city  taxes,  upon  all 
real  and  personal  estate  in  said  city,  liable  to  taxation 
for  ordinary  city  taxes,  such  sums  as  shall  be  required 
by  said  board  of  tire  commissioners,  not  exceeding 
".( jjjt/L/  one=lw»en-tie4h  of  one  per  centum  upon  the  assessed 
valuation  of  the  taxable  property  in  the  city.  Said 
board  of  tire  •  commissioners,  when  it  requests  such 
additional  sum,  must  present  to  the  common  council 
an  itemized  statement  showing  the  necessity  for  such 
additional  sum.    Said  chamberlain  shall  pay  out  said 

Payments,  moneys  so  set  apart  for  the  use  of  said  board  only 

how  made.  _ 

upon  the  vouchers  signed  by  not  less  than  four  com- 
missioners, besides  the  president,  and  countersigned 
by  the  president  and  clerk  of  said  board,  and  then 
only  to  the  extent  of  the  amount  that  is  to  the  credit 
Limitation  0f  said  board  for  the  current  fiscal  year;  and  said 

upon  con- 
tracts,     board  shall  make  no  purchases,  nor  contract  any  debts 

,  beyond  the  amount  to  its  credit  in  each  year ;  and  any 
debt  or  obligation  contracted  beyond  that  sum  shall 
not  be  a  debt  against  the  city,  nor  shall  the  city  be 
liable  for  the  same,  but  the  said  commissioners  agree- 
ing to  the  same  shall  be  personally  liable  for  such 
votingyf or°r  debts.    Any  commissioner  voting  for  any  purchase  or 
Srowigl-  obligation  beyond  the  sum  to  the  credit  to  said  board 
llons-       shall  be  deemed  guilty  of  a  misdemeanor  and  be  pun- 
ishable by  a  fine  of  five  hundred  dollars  or  imprisonment 
for  one  year  in  state's  prison,  or  both  such  fine  and 
imprisonment  at  the  discretion  of  the  court;  and  any 
taxpayer  may  bring  an  action  in  any  court  having 
jurisdiction  in  the  name  of  the  city  of  Cohoes  against 
such  offender  for  such  fine  and  imprisonment. 

(As  amended  by  §  5,  Chapter  903,  Laws  of  1896.) 


Title  IX.]         Revised  Charter.  125 

§  8.  It  shall  be  the  duty  of  the  common  council  ^°rnae0yr^5 
upon  the  recommendation  of  the  board  of  fire  com-  j5oseS.pur' 
missioners  to  take  necessary  proceedings  in  the  manner 
provided  by  this  act,  for  the  raising  money  for  extra- 
ordinary or  special  purposes,  to  raise  money  to  build 
or  purchase  buildings  for  the  use  of  the  fire  department, 
and  to  purchase  lots  therefor  or  fire  apparatus.  The 
money  so  raised  shall  be  collected  by  the  chamberlain 
the  same  as  other  general  city  taxes,  and  kept  by  him 
separate  and  distinct  from  other  moneys,  and  shall  be 
controlled  and  appropriated  by  said  board  exclusively 
to  the  object  or  objects  for  which  it  shall  have  been 
raised,  and  shall  only  be  expended  upon  the  same 
vote  and  paid  out  upon  the  same  endorsement  of 
vouchers  as  other  moneys  expended  by  this  board. 

§  9.  The  chief  engineer,  or  while  he  may  be  absent,  chief  en- 
the  assistant  engineer,  who  shall  be  first  at  any  fire,  dmyer' 
shall  have  sole  control  and  direction  of  the  firemen, 
engines,  hose,  hose- tenders,  trucks,  vehicles  and  appa- 
ratus of  the  department  during  the  existence  of  said 
fire.    The  chief  engineer  shall  be  fire  marshal  of  said  Fire  mar- 

&  shal. 

city.  The  said  fire  marshal  shall  have  power,  and  it 
shall  be  his  duty  as  often  as  once  in  every  six  months, 
to  visit,  enter  and  inspect  the  several  dwellings,  build- 
ings and  outhouses  in  the  city,  at  reasonable  hours  of 
the  day,  to  ascertain  whether  such  buildings,  dwellings 
and  outhouses  are  safe  from  danger  or  fire,  and  whether 
the  roofs  thereof  are  provided  with  sufficient  scuttles, 
and  with  proper  stairs  or  ladders  leading  thereto ;  and 
if  found  to  be  unsafe  or  without  scuttles  and  ladders, 
it  shall  be  the  duty  of  said  fire  marshal  to  notify,  in 
writing,  the  owners  or  occupants  of  such  dwellings, 
buildings  or  outhouses  of  any  defect  and  danger ;  and 
immediately  after  such  notification  it  shall  be  the  duty 
of  the  owners  or  occupants  of  such  dwellings,  buildings 
or  outhouses  to  repair  the  same  in  such  manner  as  to 
remove  the  defect  complained  of.    Any  person  refusing 


126 


Annual 
report  of 
board  to 
common 
council. 


Laws  of  the  City  of  Cohoes.        [Title  IX. 

to  allow  such  fire  marshal  to  enter  or  inspect  any  such 
dwelling,  building  or  outhouse  in  the  manner  aforesaid  y 
or  refusing  or  neglecting  to  make  such  repairs  after 
notice  given  as  aforesaid,  shall  for  each  and  every 
olfense  forfeit  and  pay  to  the  city  of  Cohoes  a  penalty 
of  fifty  dollars,  to  be  recovered  with  costs  in  any  court 
having  jurisdiction,  in  an  action  brought  in  the  name 
of  the  city  of  Cohoes.  It  shall  also  be  the  duty  of 
said  fire  marshal  to  report  any  and  all  violations  of 
the  provisions  of  this  and  the  fifteenth  section  of  this 
title,  to  the  city  attorney,  who  shall  immediately 
prosecute  the  offender  in  any  court  having  jurisdiction. 

Note  : — For  duty  of  chief  engineer  in  inspecting  fire  escapes,  see  §  40,  Chapter  376, 
Laws  of  1896. 

§  10.  The  said  board  of  fire  commissioners  shall,  on 
or  before  the  third  Tuesday  in  November  in  each  year, 
report  to  the  common  council  the  receipts  and  expen- 
ditures of  said  departments,  with  other  facts  pertaining 
thereto  of  public  interest,  including  a  complete  inven- 
tory of  all  the  property  in  their  charge ;  and  said 
report  shall  also  exhibit  a  statement  of  all  fire  alarms 
and  fires  as  far  as  the  same  shall  have  been  ascertained ; 
and  a  statement  of  all  losses  caused  by  such  fires  and 
all  insurance  thereon.  It  shall  also  show  the  number 
and  names  of  all  companies  under  their  direction,  the 
names  of  all  officers  and  members  of  such  companies, 
the  names  of  all  persons  in  the  employ  of  said  board 
and  the  compensation  paid  them. 


Fire  dis- 
tricts and 
fire  alarm 
systems. 


(As  amended  by  §  8,  Chapter  625,  Laws  of  1901.) 

§  11.  The  said  board  shall  have  power  to  establish 
fire  districts  and  such  systems  of  fire  alarms  as  in  its 
judgment  it  deems  necessary,  and  it  shall  have  power 
to  employ  persons  to  take  charge  of  the  same.  Any 
penalty  for  person  who  shall  wilfully*  or  assist  in  giving  a  false 
fi™!.  alarm  of  fire  in  said  city  shall  be  guilty  of  a  misde- 
meanor. 


:So  in  the  original. 


Title  IX.]        Revised  Charter.  127 
§  12.  The  said  board  shall  have  power  to  decide  Bui^in§^ 

■     1  x  etc.,  for 

upon  all  plans  and  specifications  and  the  erection  of  department 
such  buildings  as  may  hereafter  be  required  for  the 
use  of  the  fire  department  of  said  city.  All  materials 
and  supplies  which  may  be  required  for  the  purposes 
of  said  department  shall  be  purchased  under  its  direc- 
tion ;  it  shall  also  have  power  to  decide  upon  the  kind 
of  apparatus  which  shall  be  used  and  purchase  the  . 
same,  but  in  all  cases  where  any  contemplated  expen- 
ditures relating  to  the  erection  of  buildings  or  repairs 
thereto  shall  amount  to  the  sum  of  two  hundred  and 
fifty  dollars  or  upwards,  the  said  board  shall  advertise 
for  proposals  therefor  and  shall  award  the  contract  to 
the  lowest  responsible  bidder. 

§  13.  The  said  board  shall  have  power  to  administer  Power  of 
oaths  and  to  issue  subpoenas  compelling  the  attendance  administer 

„        .  .  ,         ■  oaths,  etc., 

ot  witnesses  m  cases  of  insubordination  in  the  fire to  witnesses 
department  under  the  control  of  said  board ;  it  shall 
also  have  power  to  conduct  investigations  relating  to 
alleged  disorderly  or  improper  conduct  on  the  part  of 
firemen  or  any  other  person  under  the  employ  of  said 
board,  and  in  regard  to  all  other  matters  under  their 
control ;  and  shall  thereupon  have  the  same  powers  to 
compel  the  attendance  of  witnesses  and  to  take  testi- 
mony as  now  belongs  to  the  justices  of  the  peace  of 
said  city. 


vestiga- 
tion  of 
se  of 


§  14.  The  said  board  of  fire  commissioners  is  also  in 
hereby  empowered  to  inquire  into  the  cause  or  origin  £™ 
of  any  fires  that  may  occur  in  said  city,  and  for  that  ' 
purpose  is  hereby  authorized  to  examine  any  person 
or  persons  on  oath  and  to  issue  its  warrant  for  the 
attendance  of  witnesses  returnable  forthwith,  or  at 
such  time  and  place  within  said  city  as  it  shall  appoint 
therein,  under  which  warrant  it  shall  be  the  duty  of 
the  captain  of  the  police  of  said  city  to  compel  the  Attend^ 
witness  or  witnesses  to  whom  said  warrant  shall  be  how" 
directed  to  appear  before  said  board  as  in  said  warrant 


.nee 

of  witnesses 
secur- 
ed. 


128  Laws  of  the  City  of  Cohoes.       [Title  IX. 

prescribed,  on  any  such  investigation,  and  any  wilful 
evasion  of  such  process  or  refusal  to  testify  shall  be 
deemed  a  misdemeanor,  and  upon  conviction  thereof 
by  any  court  of  competent  jurisdiction,  the  offender 
shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars  or  by  imprisonment  in  the  penitentiary  not 
exceeding  six  months,  or  by  both  such  fine  and 
imprisonment.  If  it  shall  appear  to  the  satisfaction  of 
said  board,  upon  any  such  investigation,  that  any 
building  in  said  city  has  been  wilfully  burned  or  fired, 
and  if  the  party  or  parties  charged  with  the  offense  be 
not  in  custody,  the  said  board  shall  certify  their  con- 
clusions upon  the  evidence  to  the  said  captain  of 
police,  who  shall  cause  the  party  or  parties  charged  to 
be  placed  in  custody,  and  until  such  party  or  parties 
shall  be  in  custody  all  the  proceedings  of  said  board 
together  with  the  names  of  the  witnesses  shall  be  kept 
secret.  The  testimony  taken  upon  every  such  investi- 
gation when  there  shall  be,  in  the  judgment  of  the 
said  board,  reasonable  grounds  to  believe  that  any 
building  within  said  city  has  been  wilfully  burned  or 
fired,  shall  be  returned  by  them  to  the  next  criminal 
court  of  record  having  jurisdiction  in  case  of  felony 
held  in  the  county  of  Albany. 
Fire  limits     §  15.  The  said  board  of  fire  commissioners  shall 

to  be  de-  ° 

rined  have  the  power  and  it  shall  be  its  duty,  from  time  to 
time,  by  a  resolution  entered  in  the  minutes  of  its 
proceedings,  to  define  in  said  city, the  limits  and  bound- 
aries within  which  all  dwelling-houses,  churches, 
school-houses,  stores,  meeting-houses,  store-houses, 
offices,  shops,  factories,  mills,  halls,  theaters,  laundries, 
barns,  stables,  wood-sheds,  outhouses,  buildings  and 
structures  of  every  description,  shall  hereafter  be  built 
and  constructed  of  brick,  stone  or  iron,  or  of  all  said 
materials,  and  be  covered  with  slate,  tile,  tin,  gravel 
Boundaries  or  other  safe  materials  against  fire;  such  limits  or 
to bepub-  boundaries,  when  so  defined,  shall  be  published  at 
length  in  every  instance  by  said  board  in  all  the  news- 


Title  IX.]        Revised  Charter.  129 

papers  in  said  city,  such  length  of  time,  not  less  than 
one  week,  as  it  shall  deem  proper.  The  said  board 
shall  have  power  and  it  shall  be  its  duty  to  require 
suitable  fire-escapes  to  be  erected  on  any  of  the  afore- 
said buildings,  within  said  limits,  or  on  any  buildings 
in  any  part  of  said  city  when  said  board  shall  deem 
necessary  for  the  protection  of  life.  After  the  said  Erection  of 
limits  or  boundaries  shall  have  been  established 

fjg  etc.,  within 

.  '         fire  limits. 

provided  m  this  section,  it  shall  not  be  lawful  for  any 
person,  firm,  corporation  or  association,  to  build  or 
erect,  within  such  fire  limits,  any  dwelling-houses, 
store-house,  office,  shop,  laundry,  factory,  mill,  hall, 
theater,  church,  school-house,  store,  meeting-house, 
barn,  stable,  wood-shed,  outhouse  or  other  building  or 
structure  of  any  discription,  unless  the  same  shall  be 
built  or  constructed  of  brick,  stone  or  iron,  or  of  all 
said  materials,  or  covered  with  slate,  tin,  tile,  gravel  or 
other  material  safe  against  fire.  But  this  section  shall 
not  be  construed  as  to  apply  to  the  inside  finish  of 
any  such  building  or  structure,  nor  to  prevent  the 
erection  of  front  or  rear  stoops,  or  stairs  of  wood  not 
enclosed,  nor  of  a  bay  window  of  wood,  nor  of  a  privy  of 
wood,  one  story  high ;  but  no  wooden  cornice  shall  be 
put  up  unless  the  same  be  covered  with  tin  or  iron 
or  other  safe  material  against  fire ;  nor  shall  it  be  law- 
ful within  said  fire  limits  to  make  any  new  addition  to 
any  such  building  or  structure  or  to  any  building 
heretofore  constructed,  without  using  for  such  addition 
the  materials  required  for  the  construction  of  new 
buildings.  Any  owner,  occupier,  builder,  or  other 
person,  offending  against  any  of  the  provisions  of  this 
section,  shall  for  each  and  every  such  violation,  forfeit 
and  pay  the  penalty  of  three  hundred  dollars,  to  be 
recovered  in  an  action  brought  in  the  name  of  and  for 
the  benefit  of  the  city  of  Cohoes,  in  any  court  having 
j  urisdiction  thereof.  In  any  such  action  when  brought 
in  the  supreme  court,  the  said  court,  or  any  justice 
thereof,  or  the  county  judge  of  Albany  county,  or  the 


130  Laws  or  the  City  of  Cohoes.        [Title  X. 

recorder  of  the  city  of  Cohoes,  may  grant  a  temporary 
injunction,  thereby  enjoining  and  restraining  such 
owner,  occupier,  builder,  or  other  person  from  violating 
the  provisions  of  this  section  during  the  pendency  of 
such  action  ;  and  on  the  trial  of  such  action,  and  in  the 
judgment  when  no  trial  has  been  had,  the  court  shall 
have  power  to  perpetually  enjoin  the  defendant  from 
constructing  the  said  building  or  structure  so  being 
built  in  violation  of  any  of  the  provisions  of  this 
section,  and  to  order  the  same  to  be  removed  or  to  be 
taken  down. 

Note  :— As  to  payment  to  fire  departments  of  tax  by  agents  of  foreign  fire  insurance 
corporations,  see  §  133,  of  the  insurance  law  (Chapter  690,  Laws  of  1892). 

TITLE  X. 

ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Taxes,         Section  1 .  The  common  council  shall,  on  or  before 

aggregate  . 

ra?ed°  ^    tne  HrS^  °^  ^  YQSiV>  CaUSe  anC"-  direct  Si 

sum  not  exceeding  one  per  centum  on  the  assessed  val- 
uation of  the  taxable  property,  except  farm  lands  of 
the  city,  to  be  raised  by  general  tax  for  the  purpose  of 
paying  the  salaries  of  officers,  and  for  public  school, 
highway  and  bridge  purposes,  and  for  other  necessary 
and  contingent  expenses  of  the  city  not  otherwise 

how  levied  specially  provided  for.  Said  tax  shall  be  levied, upon 
the  real  estate  and  personal  property  in  said  city  accor- 
ding to  the  assessment  roll  for  the  current  year,  to  be 
made  by  the  assessors  of  said  city,  and  shall  be  col- 
lected from  the  owners  thereof  or  from  such  real  estate 

Farm  lands  an(j  personal  property  as  hereinafter  provided.  There 
shall  be  levied  upon  farm  lands,  occupied  as  such,  and 
collected  from  the  owners  thereof,  or  from  said  farm 
lands,  on  the  assessed  valuation  thereof,  not  more  than 
one-half  the  percentage  directed  to  be  levied  upon 

Corpora-    other  taxable  property.    All  manufacturing  corpora - 

uTed.  ow  tions,  located  and  doing  business  in  the  city  of  Cohoes, 
shall  be  assessed  and  taxed  upon  their  real  and  personal 
property  in  the  same  manner  as  individuals  and  not 


Title  X.]  Revised  Charter.  131 

otherwise.  The  personal  estate  of  such  corporations 
shall  be  assessed  in  the  town  or  ward  where  the  princi- 
pal office  or  place  for  transacting  the  financial  con- 
cerns of  the  company  shall  be,  or  if  said  corporation 
shall  have  no  principal  office  or  place  of  transacting 
its  financial  concerns,  then  in  the  ward  in  the  city  of 
Cohoes  where  the  operations  of  such  corporations  shall 
be  carried  on. 

Note: — In  relation  to  above  provision  for  the  taxation  of  manufacturing  corpora- 
tions, see  People  ex-rel.  Parsons  Mf'g  Co.,  vs.  Moore,  11  N.  Y.  St.  Rep.  859. 

§  2.  The  common  council  shall  also  have  power  to  Additional 

A  tax  on  vote 

raise  by  tax  in  each  year  such  further  sums  as  shall  have  ^erefor  at 
been  voted  by  a  majority  of  the  tax  payers  of  said  city  ShabhSni 
entitled  to  vote,  and  voting  on  a  proposition  to  raise 
the  same,  at  an  annual  or  special  meeting  called  for 
that  purpose,  not  exceeding  ten  thousand  dollars  to  be 
used  for  general  purposes,  streets,  or  bridges,  in  the 
discretion  of  the  common  council.    The  vote  on  such  Manner, etc 

ot  voting 

proposition  shall  be  taken  by  ballot,  which  shall  be  in- therefor 
dorsed  u  tax,"  and  shall  have  on  the  inside  the  words 
"  for  the  tax  "  or  "  against  the  tax."    Every  resident 
of  said  city  of  the  age  of  twenty-one  years  or  upwards, 
whose  name  shall  be  on  the  assessment  roll  made  by 
the  assessors  of  said  city  next  preceding  said  election 
as  owner,  executor,  administrator,  guardian  or  agent, 
and  upon  whose  property,  or  upon  whom  as  the  owner 
or  possessor  of  property  a  tax  shall  have  been  assessed 
or  imposed  in  and  by  said  roll,  and  no  other  person 
shall  be  entitled  to  vote  at  such  meeting.    The  clerk  Notice  to 
shall  give  at  least  ten  days  notice  of  any  such  election  cfe?kTenby 
or  meeting,  by  publishing  such  notice  in  the  official 
paper,  and  by  posting  such  notice  in  at  least  one  pub- 
lic place  in  each  election  district,  which  notice  shall 
state  distinctly  the  object  or  objects  of  such  election  or 
meeting.    All  provisions  of  this  act  in  any  way  appli-  Provisions 
cable  to  the  annual  election  in  said  city,  or  to  the 

nual  elec- 

ascertainment  of  the  result  thereof  shall  be  applicable  pScabfe. 
as  far  as  may  be  to  said  tax  elections  or  meetings,  or 


132  Laws  of  the  City  of  Cohoes.        [Title  X. 

to  the  ascertainment  of  the  results  thereof.  The  clerk 
shall  furnish  to  the  inspectors  in  each  election  district, 
for  use  at  each  tax  election  or  meeting,  a  certified 
copy  of  the  names  of  all  taxpayers  appearing  upon 
said  last  assessment  roll. 

Duty  of        §3.  The  assessors  shall  ascertain,  in  the  manner 

assessors  in 

reference  to  provided  by  law  for  the  performance  of  like  duties  by 

assessing  of  A  "  x  J 

property,  town  assessors,  the  names  of  all  taxable  inhabitants  of 
said  city,  and  also  all  taxable  real  and  personal  pro- 
perty therein.  The  common  council  shall  cause  to  be 
prepared  duplicate  assessment  rolls,  in  separate  col- 
umns of  each  of  which  the  assessors  shall  set  down, 
according  to  the  best  information  they  can  obtain,  all 
such  names,  the  quantity  of  land  to  be  taxed  to  each 
person,  the  full  value  of  such  land  and  the  full  value 
of  all  taxable  personable  property  owned  by  such 
person,  less  the  just  debts  owing  by  him.  Said 
assessors  shall  also  designate  on  such  assessment  rolls 
as  "  farm  lands  "  all  lands  occupied  as  such,  and  all 
agricultural  lands,  properly  so  called,  situated  in 
whole  or  in  part  within  said  city,  and  keep  the  same 
in  a  separate  column  of.each  of  said  assessment  rolls. 
Such  -assessment  rolls  shall  be  completed  on  or  before 
the  first  day  of  July  in  each  year.  Except  as  modified 
by  this  act,  the  laws  of  this  state  shall  govern  the 
making  of  all  such  assessments  and  assessment  rolls. 

(As  amended  by  §  8,  Chapter  604,  Laws  of  1893.) 

Note  :— As  to  the  filing-  of  the  assessment  roll  and  notice  thereof,  in  cities,  under 
general  statute,  see  §  38  of  the  tax  law  (Chapter  908,  Laws  of  1896),  as  amended  by 
chapter  358,  Laws  of  1901. 

Duty  of        §  4.  On  completing  the  general  assessment,  said 

assessors  on 

completion  assessors  shall  leave  the  same  with  the  city  chamber- 

ot  assess-  '  ^  > 

ment  roii.  ]ajn .  they  shall  then  give  notice  by  posting  hand-bills 
and  publishing  in  at  least  one  newspaper  printed  and 
published  in  said  city,  for  two  insertions  that  the 
assessment  roll  is  completed  and  left  at  the  office  of 
the  chamberlain,  where  it  may  be  seen  and  examined 
by  any  person  for  the  next  twenty  days ;  and  that  the 


Title  X.]  Revised  Charter.  133 

assessors  will  attend  during  the  last  five  of  said  twenty 
days  exclusive  of  Sunday,  at  the  chamberlain's  office, 
to  review  their  assessments  in  the  same  manner  as 
assessors  of  towns.  The  assessors  shall  have  power  as 
such  reviewers  to  substitute  the  words  "  unknown  unknown 

1  owners. 

owner,    tor  the  name  of  any  owner  of  lands  which 

they  may  be  required  to  assess  in  all  cases  where  any 

of  the  assessors  shall  make  affidavit  that  after  diligent  . 

search  and  inquiry  he  has  not  been  able  to  ascertain 

the  name  of  said  owner.    In  the  assessment  of  any 

lands  in  said  city,  it  shall  be  a  sufficient  descript  ion  Description 

«  .  _.  .  of  property. 

ot  the  premises  assessed,  to  give  the  name  of  the 
owner,  when  known,  together  with  the  street  number, 
if  any,  and  the  side  of  the  street,  and  a  brief  descrip- 
tion of  the  premises.  At  the  expiration  of  said  ?r°sc^r 
twenty  days  they  shall  cease  to  correct  and  review  aSSmJnt 
said  rolls,  and  shall,  within  six  days  thereafter,  havebyassessor 
the  same  completed  and  subscribed  and  delivered  to 
the  clerk  of  the  city,  to  be  by  him  filed  in  his  office. 
During  the  time  the  assessors  are  correcting  and 
reviewing  any  tax  they  shall  have  the  power  to  add 
to  or  insert  in  said  tax  or  assessment  roll  any  property 
liable  to  taxation,  and  the  assessment  thereof,  which 
may  have  been  omitted  from  said  roll,  upon  giving 
personal  notice  of  their  action  to  the  owner  or  agent 
of  such  property.  Immediately  after  the  final  com- 
pletion and  correction  of  such  rolls,  the  assessors  shall 
verify  the  same  according  to  law,  both  of  which  shall 
be  deemed  original,  and  the  clerk  shall  f  orthwith  Duty  of 

,  clerk  in  ret- 

thereafter  make  a  true  copy  of  each  of  such  rolls  and  ^p^^u 
file  the  same  in  his  office* 

§  5.  The  common  council  shall  give  public  notice  Duty  of 

1  i  t  i  •         •  i  common 

by  publishing  m  at  least  one  newspaper  printed  andcouncilin 
published  in  said  city,  by  two  insertions,  that  the 
assessors  have  completed  their  review  of  said  assess- 
ment roll,  and  that  said  common  council  will,  at  a 
meeting  thereof,  the  time  and  place  of  which  shall  be 
stated  in  said  notice,  hear  all  grievances  in  reference 


reference  to 

corrected 

rolL 


134  Laws  of  the  City  of  Cohoek.        [Title  X. 

to  any  error  or  errors  of  a  clerical  nature  in  said  roll. 
The  common  council  may,  at  the  first  or  any  adjourned 
session  of  said  meeting,  correct,  cancel,  remit  or  add 
to  any  assessment  contained  in  said  roll,  whenever 
there  is  manifest  error  in  copying  any  such  assess- 
ment or  in  levying  or  extending^  any  tax ;  but  it  shall 
have  no  power  to  alter  any  valuation  fixed  by  the 
assessors.  Such  meeting  shall  be  held  within  thirty 
days  after  the  completion  of  the  review  by  the  assessors 
of  said  roll.  From  and  after  the  final  adjournment  of 
said  meeting,  no  person  or  corporation  shall  be  entitled 
to  any  relief  by  reason  of  any  error  in  said  assessment 
roll,  which  said,  common  council  is  hereby  authorized 
to  correct. 

Duty  of        8  (5.  As  soon  as  practicable  after  any  city  tax  shall 

clerk  in  °  x  . 

reference   nave  been  ordered  by  the  common  council  to  be  raised, 

to  extend-  *  ' 

ing  tax.     ftie  clerk,  by  direction  and  under  supervision  of  the 
common  council  shall  estimate  and  set  down  in  separate 
columns  of  one  of  the  original  assessment  rolls,  oppo- 
site to  the  several  sums  set  down  as  the  valuation  of 
^  real  and  personal  estate,  the  respective  sums  in  dollars 

and  cents,  rejecting  the  fraction  of  a  cent,  to  be  paid 
J  -  as  a  tax  thereon  in  the  manner,  as  nearly  as  may  be, 

provided  by  law  for  the  performance  of  like  duties  by 
boards  of  supervisors.    The  clerk  shall  also,  in  the 
like  manner,  extend  such  taxes  in  one  of  the  copies  of 
Delivery  of  ^ile  assessraent;  roll  remaining  in  his  office.    He  shall 

roll  to  the  ° 

iSnmber~  deliver  to  the  chamberlain  the  original  roll  containing 
such  taxes,  to  which  shall  be  annexed  a  warrant, 
under  a  seal  of  the  city  and  signed  by  the  mayor  and 
clerk,  commanding  such  chamberlain  to  receive  and 
collect  from  the  several  persons,  companies,  corpora- 
tions and  associations  named  in  the  assessment  roll 
the  sums  expressed  in  the  several  columns  of  such  roll, 
opposite  to  their  respective  names.  To  the  copy  of 
such  roll  remaining  in  the  clerk's  office  shall  be  attached 
a  copy  of  such  warrant  and  a  receipt  signed  by  the 
chamberlain  ackowledging  the  delivery  to  him  of  the 


/  / 


Title  X.]  Revised  Charter.  1*35 

original  roll  and  warrant.    And  in  case  any  tax  levied  ^ut>; of 

the  cham- 

or  assessed  upon  the  property  of  any  person,  company,  ^SScete 
corporation  or  association  shall  remain  unpaid  at  the Slectionof 
expiration  of  the  time  mentioned  in  the  notices  required 
by  this  section,  the  chamberlain  is  authorized  and 
directed  to  issue  to  any  constable  oUJi^-ejty  a~ warrant, 
signed  by  the  said  chamberlain,  commanding  the  said 
constable  to  levy  and  collect  by  distress  and  sale,  the 
tax  and  fees  so  assessed.  Upon  receiving  the  said  tax-^g^ 
roll, the  chamberlain  shall  forthwith  give  notice  in  onero11,  etc 
or  more  city  papers,  and  shall  also  post  notices  of  the 
same  in  at  least  three  conspicuous  places  in  each  ward 
of  the  city,  that  the  same  has  been  left  with  him  for 
collection,  and  that  for  twenty  days  every  person, 
corporation  or  association  may  pay  his,  her  or  its  tax 
to  said  chamberlain  without  any  additional  charge, 
and  that  for  twenty  days  succeeding,  two  per  centum 
fees  will  be  collected ;  for  the  succeeding  twenty  days 
next  thereafter  four  per  centum  will  be  collected  ;  for 
the  succeeding  twenty  days  six  per  centum  will  be 
collected ;  and  for  the  next  term  of  twenty  days  seven 
per  centum  fees  will  be  collected.  If  any  tax  shall 
remain  uncollected  at  the  expiration  of  the  time  last 
mentioned,  the  chamberlain  shall  give  a  written,  or 
printed  and  written  notice  to  the  person  or  persons 
against  whom  such  tax  stands  charged.  The  notices 
shall  all  bear  even  date,  and  shall  require  said  person 
or  persons  to  pay  such  unpaid  tax  to  said  chamberlain, 
at  his  office,  within  the  term  of  twenty  days  thereafter, 
with  seven  per  centum  fees  thereon ;  such  notice  may 
be  served  personally  or  by  leaving  the  same  at  his  oi- 
lier residence  or  place  of  business,  or  at  the  post-office 
at  said  city,  postpaid,  properly  folded  and  directed  at 
least  ten  days  before  the  expiration  of  the  time  last 
mentioned.  For  persons  not  resident  within  the  city, 
a  notice  to  them  or  their  agents,  left  at  the  post-office 
at  Cohoes,  properly  folded  and  directed  to  them  at 
their  reputed   places    of  residence,  prepaying  the 


Notice  to 
non-resi- 


136 


Chamber- 
lain's war- 
rant to 
constable. 


/ 


■9 


Laws  of  the  City  of  Cohoes.        [Title  X. 

postage  thereon,  shall  be  sufficient.  The  person  serv- 
ing said  notices  shall  be  designated  by  the  chamberlain, 
and  his  affidavit  of  the  service  of  such  notice  shall  be 
deemed  evidence  in  all  courts  and  places ;  said  notices 
so  served  shall  be  deemed  a  full  compliance  with  the 
statute  which  requires  the  collector  of  taxes  to  call  at 
least  once  on  the  person  taxed,  or  at  the  place  of  his 
usual  residence  and  demand  the  payment  of  taxes 
charged  him  on  the  property. 

§  7.  At  the  expiration  of  the  time  mentioned  in  the 
last  section  it  shall  be  the  duty  of  the  chamberlain  to 
proceed  without  delay  to  issue  his  warrant  under  his 
hand  and  seal  of  the  city,  to  any  {constable^  of  the 
city,  or  as  many  of  them  as  he  may  deem  necessary^ 
commanding  said  officer  or  officers  to  levy  the  tax  and 
fees  by  distress  and  sale  of  goods  and  chattels  of  the 
person  upon  whose  real  or  personal  property  the  tax 
was  apportioned,  according  to  the  said  assessment  and 
tax  roll,  or  of  any  goods  or  chattels  in  his  or  her  pos- 
session, wheresoever  the  same  may  be  found  in  the 
city  of  Cohoes  or  county  of  Albany,  and  to  pay  the 
same  to  the  said  chamberlain,  and  return  such  warrant 
within  twenty  days  from  the  date  thereof;  and  no 
claim  of  property  to  be  made  to  such  goods  and  chat- 
tels shall  be  available  to  prevent  a  sale  thereof,  except 
in  such  cases  as  are  provided  for  by  the  general  statutes 
of  this  state.  Such  warrants  ^shali  bear  uniform 
date.  The  said  •constable  shall  thereupon  immediately 
Sierofncet°give  public  notice  of  the  time  and  place  of  sale  of  the 
property.  pr0perty  to  be  sold,  at  least  five  days  previous  to  the 
sale  by  advertisement  to  be  posted  up  in  at  least  three 
public  places  in  the  city.  The  sale  shall  be  at  public 
auction.  If  the  property  shall  be  sold  for  more  than 
the  amount  of  the- tax  and  fees  and  the  cost  of  such 
distress  and  sale,  the  surplus  shall  be  returned  to  the 
person  entitled  thereto. 


Duty  of 
constable  in 


Title  X.j  Revised  Ciiaeter.  237 

§  8.  If  any  such  taxes  shall  remain  unpaid  after  Proceed- 
diligent  effort  made  to  collect  the  same  by  virtue  of-^T 
such  warrant,  and  the  officer  to  whom  the  warrant  was  ^ S by 
delivered  shall  not  be  able  to  collect  the  same,  the J^^9 
chamberlain  shall  prepare  an  account  of  such  taxes,  ^CH^C< 
which  he  will  verify  by  comparison  with  the  assess- 
ment roll  and  certify  to  be  correct,  and  to  which  shall      j  &  £  , 
be  annexed  the  affidavit  of  the  officer  to  whom  the     '      '  ' 
warrant  was  delivered,  that  the  sums  mentioned  in         <^  ' 
such  account  remain  unpaid,  and  that  he  has  not  been 
able  upon  diligent  inquiry  to  discover  any  goods  or  —  *A 

chattels  belonging  to  or  in  the  possession  of  the  per-  W .. 
sons  charged  with  or  liable  to  pay  such  sums,  whereon 
he  could  levy  the  same.    The  chamberlain  shall  de- 
liver such  account  of  unpaid  taxes  tojbef  common 
council  to  be  filed  with  the  city  clerk,  and  he  shall 
•  have  the  proper  credit  therefor.    The  common  council  Power 
shall  have  power  to  add  the  amount  of  such  unpaid  " 
taxes,  together  with  interest  thereon  at  the  rate  of 
twelve  per  centum  per  annum,  to  the  annual  city  tax 
of  the  succeeding  year,  and  charge  the  same  upon  the 
real  estate  upon  which  it  was  originally  assessed,  or 
levy  and  collect  the  same  by  distress  and  sale  of  the 
goods  and  chattels  belonging  to  or  in  possession  of  the 
respective  persons  whose  taxes  remain  unpaid;  and 
the  same  proceedings  may  be  had  for  the  collection 
thereof  in  all  respects  and  with  like  erfect  as  in  the 
case  of  other  city  taxes  for  the  then  current  year ;  and 
the  common  council  shall  have  power  to  relay  and 
re-assess  such  taxes  in  the  manner  aforesaid  in  succeed- 
ing years,  but  not  beyond  the  amount  of  time  specified 
m  sections  nine  and  ten  of  this  title; /or  said  common 
council  may  proceed  to  foreclose  the  lien  of  such  taxes 
and  make  sale  of  the  land&Seeted^ hereby  in  the 
manner  provided  in  the  ninth  and  succeeding  sections 


of 

the  common 
council  to 
add  tax  to 
that  of  suc- 
ceeding 
year. 


Distress 
and  sale  of 
goods 
allowed. 


*So  in  the  original. 


138  Laws  of  the  City  of  Cohoes.       [Title  X. 

proceed-    0f  this  title.  ,  Whenever  the  chamberlain  shall  receive 

ings  for  col-  t  _ 

nerailitf6" a  warrant  for  the  collection  ot  a  tax  or  assessment  tor 
greedsta0p"    any  city  purpose  other  than  those  purposes  hereinbe- 
tfxJand  fore  specified,  it  shall  be  his  duty  forthwith  to  give 
assessments  the  notices  hereinbefore  required  to  be  given  in  the 
case  of  general  city  taxes ;  and  all  proceedings  for  the 
collection  of  said  tax  may  be  taken  in  the  same 
manner  as  hereinbefore  provided  for  the  collection  of 
taxes  for  general  city  purposes. 

Aiitaxesa  §  9.  All  taxes  and  assessments  for  city  purposes 
years°r tefl s\mi\  ^e  a  iien  upon  the  real  estate  upon  which  they 
are  assessed,  for  ten  years  from  the  first  publication  by 
the  chamberlain  of  the  notice  mentioned  in  section  six 
of  this  title,  unless  sooner  paid,  and  shall  have  priority 
in  the  order  of  time  in  which  they  become  liens.  If 
the  proceedings  hereafter  mentioned  to  enforce  said 
liens  have  been  stayed  by  a  court  or  judge  having 
jurisdiction  therefor,  the  period  of  such  stay  shall  not 
superiority  be  taken  as  a  part  of  said  ten  years.  Such  liens  shall 
be  superior  to  any  mortgage,  judgment  or  other  lien 
of  any  nature  affecting  said  premises,  except  state  and 
county  taxes  and  liens  in  favor  of  .the  United  States. 

§  10.  Whenever  such  unpaid  taxes  and  assessments, 
with  the  additions  thereto,  on  any  one  parcel  of  land, 
shall  have  been  in  the  hands  of  the  common  council 
for  Fne  year,  (and  shall  amount  to  at  least  the  sum  of 
twenty-five  dollars;,  the  city  clerk,  when  directed  by 
resolution  of  the  common  council,  j  and,  (after  three 
years  of  the  lien  of  such  unpaid  taxes  has  expired 
forthwith^  without  such  resolution i  shall  cause  the 
chamberlain's  certificate  to  the  accoiint  mentioned  in 
section  eight  of  this  title,  together  with  his  certificate 
to  a  like  account  of  all  other  taxes  and  assessments,  on 
the  same  parcel  of  land,  to  be  countersigned  by  the 
mayor,  and  deliver  them  to  the  city  attorney,  ^  who, 
upon  the  receipt  of  such  account,  and  certificate 
properly  countersigned,  shall  forthwith  bring  an  action 


Action  to 
foreclose 


imp- 
tion  of  re- 

s  of 

assess- 
ment, etc. 


Title  X.]  Revised  Charter.  139 

in  any  court  of  record  of  competent  jurisdiction,  in 
the  name  of  the  city  of  Cohoes,  as  plaintiff,  for  the 
foreclosure  of  the  lien  of  the  taxes  and  assessments 
described  in  said  account,  and  for  the  sale  of  the  lands 
affected  thereby.  The  course  of  proceedings  in  said  course  of 
action,  down  to  and  including  the  sale  and  confirmation  iPngsCeed~ 
thereof,  shall  be  analogus  to  those  in  an  action  for  the 
foreclosure  of  a  mortgage  on  real  property,  and  shall 
conform  to  the  procedure  and  rules  of  court  prescribed 
therefor.  The  account  and  certificate  of  said  chamber-  Presu 
lain,  with  his  certificate  countersigned  by  the  mayor,  gXrity 
shall  be  presumptive  evidence  of  the  legality  of  the 
taxes  and  assessments  therein  described,  and  of  the 
regularity  of  all  the  proceedings  required  by  law  and 
the  provisions  of  this  title  to  be  taken  before  the 
delivery  of  the  account  and  certificate  to  the  city 
attorney. 

§  11.  All  persons  having  any  lien  upon  or  interest  Parties  de- 
or  estate  in  said  property  including  any  person  other  e2ofand 
than  the  city  of  Cohoes,  holding  a  certificate  of  sale  oreclosure' 
thereof  for  unpaid  taxes  or  assessments,  granted  prior 
to  the  time  this  act  takes  effect,  and  any  person 
entitled  to  redeem  the  same  for  such  unpaid  taxes  or  -^'0^ 
assessments,  shall  be  made  parties  defendant  in  said 
action,  and  all  parties  defendant,  duly  served  with 
process,  shall  be  barred  and  foreclosed  of  and  from 
any  lieii  upon,  or  interest  or  estate  in,  said  property 
by  sale  of  the  property  under  the  judgment  in  such 
action. 

§  12.  The  city  shall  be  entitled  to  recover  theneces-  costs  of 
sary  actual  disbursements  made  in  each  action,  and 
costs  as  herein  provided.  When  judgment  is  taken  ^^£^f 
by  default,  the  costs  taxed  shall  not  exceed  five  dollars, 
except  where  the  amount  shown  to  be  due  by  said 
account  and  certificate,  including  interest,  shall  exceed 
fifty  dollars,  in  which  case  the  costs  taxed  shall  not 
exceed  the  sum  of  ten  dollars.    Where  the  action, 


140  Laws  of  the  City  of  Cohoes.       [Title  X. 

however,  is  settled  before  judgment,  there  shall  be 
allowed,  as  costs  to  the  city,  only  one-half  of  the  above 
prescribed  sums.  When  the  owner  of  the  fee  of  the 
property  shall  interpose  an  unsuccessful  defeuse  to  the 
claim  of  the  city,  the  same  costs  may  be  awarded  to 
the  city  as  would  be  allowed  in  a  similar  action  to 
foreclose  a  mortgage,  except  that  no  percentages  shall 
be  allowed.  When  any  other  party  defendant  shall 
interpose  an  unsuccessful  defense,  the  same  costs  as 
against  the  owner  of  the  fee  may  be  allowed,  and  a 
personal  judgment  may  be  entered  against  such 
defendant.  When  any  party  defendant  shall  success- 
fully interpose  a  defense  to  the  claim  to*  the  city,  he 
may  be  awarded  the  same  costs  against  the  city  as 
would  be  allowed  him  in  a  similar  action  to  foreclose 
a  mortgage  on  real  property,  and  judgment  therefor 
shall  be  entered  against  the  city. 

saieto  be      §  13.  When  judgment  of  foreclosure  and  sale  shall 
berlain  or  be  ordered  in  such  action,  it  shall  direct  the  chamber- 
lain or  city  clerk  to  act  as  the  officer  to  make  the  sale, 
but  he  shall  nofbe  entitled  to  any  fees  for  such  services, 
city  attor-  On  every  such  sale,  the  citv  attorney  shall  bid  for  the 

ney  to  bid  ^  p  "  . 

for  city.  city  the  amount  of  the  judgment,  together  with  trie 
interest  thereon  and  the  expenses  of  the  sale,  and  such 
further  sum  as  may  be  required  to  pay  all  taxes  and 
assessments  levied  for  the  aforesaid  purposes  subse- 
quent to  those  for  which  the  judgment  has  been 
obtained,  with  the  additions  thereto,  and  if  no  further 
bid  is  received,  the  property  shall  be  struck  off  to  the 
Disposition  city  of  Cohoes.  Out  of  the  proceeds  of  such  sale,  the 
costs  of  the  action  and  the  expenses  of  the  sale  shall 
be  first  paid  to  the  city  attorney,  and  then  the  moneys 
adjudged  to  be  due,  with  the  interest,  and  the  amount 
of  all  taxes  and  assessments  with  the  additions  thereto, 
levied  subsequent  to  those  for  which  the  judgment 
was  obtained,  shall  be  paid  to  the  chamberlain,  and  a 
report  thereof  made  to  the  common  council.  The 

*So  in  the  original. 


of  proceeds. 


Title  X.]  Revised  Charter.  141 

surplus,  if  any  there  be,  shall  be  paid  into  court,  sub- 
ject to  the  further  order  of  the  court.    The  sale  shall  ts0a5atuebiS 
be  made  subject  to  all  state  and  county  taxes  andSSLid 
Mens  in  favor  of  the  United  States,  which  are  a  lien  at  U  lS~  liens 
the  date  of  the  sale.    The  lien  of  all  taxes  and  assess- 
ments levied  by  said  city  on  the  lands  sold,  prior  to 
the  sale,  shall  be  extinguished  thereby. 

§  14.  At  any  time  after  such  tax  or  assessment  has  Payment 
become  a  lien  upon  any  parcel  of  land,  and  before  the  judgment, 
final  sale  under  the  judgment  of  foreclosure,  the  owner  SjL^ 
of  the  fee  of  the  property  or  any  person  having  a  lien 
by  mortgage  or  judgment  thereon,  may  pay  said  tax 
or  assessment,  with  the  interest,  costs  and  expenses 
thereon,  to  the  officer  of  the  city  having  the.  same  for 
collection,  and  thereupon  an  assignment  of  said  tax 
and  assessment  shall  be  executed  to  said  person,  if  a 
mortgage  or  judgment  creditor,  and  he  may  add  the 
amount  so  paid  to  his  lien,  and  enforce  it,  with  inter- 
est, as  a  part  thereof.  In  case  of  two  or  more  mortgage 
or  judgment  liens  upon  the  same  property,  the  holder  Rights  of 
of  the  prior  mortgage  or  judgment  shall  have  the  right  gageemort" 
within  the  time  aforesaid  to  redeem  the  premises  from 
such  tax  or  assessment  if  an  assignment  thereof  shall 
be  held  by  the  holder  of  a  subsequent  mortgage  or 
judgment. 


Publication 
of  state- 


§  15.  During  the  first  week  in  June  in  each  year, 
the  common  council  may  begin  the  publication  in  one  men?^ 
or  more  city  papers  of  a  statement  of  all  city  taxes  and  pa 
assessments,  or  any  assessment  roll  for  the  preceding 
year  which  remains  in  its  hands  unpaid,  with  a  concise 
description  of  the  parcels  of  real  estate  affected  thereby, 
and  a  notice  of  the  penalties  to  be  incurred  as  herein 
provided,  in  case  of  the  non-payment  thereof.  It 
shall  continue  such  publication  twice  in  each  week  for 
three  successive  weeks,  and  the  expense  of  such  pub- 
lication shall  not  exceed  one  dollar  for  each  piece  of 
land  so  advertised.    There  shall  be  added  to  the  tax 


142  Laws  of  the  City  of  Cohoes.       [Title  X. 

on  each  parcel  and  collected  from  the  person  paying 
the  same,  the  expense  of  publishing  the  description  of 
such  parcel. 


Additional     §  16.  In  addition  to  the  remedies  hereinbefore,  in 

remedy  by  5 

civil  action,  this  title,  provided  for  the  collection  of  unpaid  taxes 
and  assessments,  the  common  council  shall  have  power 
to  collect  by  civil  action,  in  the  name  of  the  city  of 
Cohoes,  any  city  tax  imposed  under  the  provisions  of 
this  title,  which  shall  be  returned  by  the  chamberlain 
as  unpaid ;  and  all  assessment  rolls  and  certificates  of 
special  assessments  filed  with  the  clerk  or  delivered  to 

Regularity  the  chamberlain,  or  certified  copies  thereof,  shall  be 

of  proceed  ^  ; 

mid  presu"Prinia  i?acie  evidence  in  all  courts  and  places,  and  in 
all  actions  and  proceedings,  that  the  taxes  and  assess- 
ments therein  contained  have  been  regularly  and  duly 
assessed  and  imposed,  and  of  the  rights  of  recovery 
thereof. 

cases  §  17.  In  all  cases  wherein  the  city  of  Cohoes  is  the 

where  city  " 

^^s^rti- holder  of  a  certificate  or  certificates  of  sale  of  any 
oute  bring  lan(is  in  said  city  heretofore  sold  for  unpaid  city  taxes 
Son'08365"  or  assessments  without  having  acquired  possession 
thereunder,  said  city  shall  be  entitled  to  maintain 
proceedings  for  the  sale  of  said  lands  and  to  collect 
the  amount  which  would,  at  the  time  of  the  com- 
mencement of  such  proceedings,  have  been  due  thereon 
for  such  taxes  or  assessments  if  said  certificate  or 
certificates  had  not  been  executed  and  granted.  The 
city  clerk,  when  directed  by  the  common  council,  shall 
deliver  all  such  certificates  to  the  city  attorney  for  the 
purpose  of  such  proceedings. 

void  tax  or    §  18.  In  case  any  tax  or  assessment  shall  be  void, 

assessment 

Ssessed  or  nave  failed  for  want  of  jurisdiction  or  for  any  irreg- 
ularity in  levying  or  assessing  thereof,  the  common 
council  shall  have  power  and  it  shall  be  its  duty  to 
cause  the  same  to  be  reassessed  in  a  proper  manner ; 
if  any  person  shall  have  paid  in  the  former  assessment 
the  same  shall  be  credited,  or,  in  case  the  payment 


Title  X.]  Revised  Charter.  143 

exceed  the  amount  reassessed,  the  surplus  shall  be 
refunded.     In  case  any  amount  assessed  for  local  insufficient 

levy,  defi- 

improvements,  at  any  time,  shall  be  insufficient  tojf^gjnay 
defray  the  expenses  of  such  improvements,  the  com- sed' elc- 
mon  council  shall  cause  the  amount  which  the  actual 
expense  thereof  exceeds  the  amount  first  assessed  to 
be  reassessed  in  like  manner  as  assessments  of  a  like 
nature  but  if  the  deficiency  in  the  amount  assessed,  or 
in  the  amount  which  can  be  collected  on  such  assess- 
ment does  not  exceed  fifty  dollars,  the  common  council 
may,  in  its  discretion,  make  good  the  same  from  any 
funds  applicable  to  the  purpose. 

§  19.  State  and  county  taxes. — The  board  of  super-  state  and 
visors  of  the  county  of  Albany  shall  cause  the  cor-  Sy 
rected  assessment  roll  of  the  city  of  Cohoes  to  be 
delivered  to  the  chamberlain  of  said  city  on  or  before  Duty  of 
the  fifteenth  day  of  December  in  each  year,  to  which SU| 
a  warrant,  under  the  hands  and  seals  of  the  supervisors 
or  a  majority  of  them,  shall  be  annexed,  commanding 
said  chamberlain  to  collect  from  the  several  persons 
named  in  the  assessment  roll  the  several  sums  men- 
tioned in  the  last  column  opposite  their  respective 
names,  and  to  pay  over  the  same  in  the  manner 
directed  in  the  warrant ;  and  in  case  any  tax  levied  or 
assessed  for  the  property  of  any  person  or  corporation 
shall  remain  unpaid  on  the  fifteenth  day  of  February 
the  next  ensuing,  to  issue  to  any  &>Bgtabl@  a  warrant, 
signed  by  the  said  chamberlain,  commanding  the  said 
constable  to  levy  and  collect  by  distress  and  sale  the 
tax  and  fees  so  assessed.    Upon  receiving  the  said  Duty  of 
assessment  rolfthe  chamberlain  shall  give  notice  in  fain"1  er~ 
one  or  more  of  the  newspapers  printed  in  the  said  city, 
of  the  receipt  by  him  of  such  assessment  roll  and  Notices, 
warrant,  and  that  all  persons   named   therein  areetc 
required  to  pay  their  taxes  at  his  office,  on  or  before 
the  first  day  of  February  next  ensuing ;  also  that  for 
twenty  days  following  the  date  of  such  notice,  any 


144  Laws  of  the  City  of  Cohoes.       [Title  X. 

person  may  pay  his  or  her  county  or  state  taxes  by- 
paying  one  j>er  centum  fees  thereon ;  for  the  twenty 
clays  next  thereafter  by  paying  two  per  centum  t 
thereon ;  and  that  after  the  expiration  of  twenty  days 
last  aforesaid  three  per  centum  fees  will  be  added  to 
the  tax  collected  by  him.  If  any  such  tax  shall 
remain  unpaid  on  the  first  day  of  February  after  the 
delivery  of  the  assessment  roll  and  warrant  he  shall 
thereupon  cause  a  written  or  a  printed  and  written 
notice  to  be  given  to  every  person  resident  within  the 
city  from  whom  such  tax  may  be  due,  specifying  the 
amount  and  percentage  of  the  tax,  and  requiring  the 
same  to  be  paid  on  or  before  the  fifteenth  day  of  Feb- 
ruary in  the  same  year,  at  his  office.  The  notices 
shall  all  bear  even  date.  Such  notice  may  be  served 
personally  or  by  leaving  the  same  at  the  residence  or 
place  of  business  of  such  person,  or  at  the  post-office 
in  said  city,  pror>erly  folded  and  directed,  post-paid, 
at  least  ten  days  before  the  said  fifteenth  day  of 
February.  For  persons  not  resident  within  the  city  a 
notice  to  them  or  their  agents,  left  at  the  post-office  of 
Cohoes,  post-paid,  properly  folded  and  directed  to 
them,  at  their  reputed  places  of  residence,  shall  be 
sufficient.  The  person  or  persons  serving  said  notices 
shall  be  designated  by  the  chamberlain,  and  his  or 
their  affidavit  of  the  service  of  such  notice  shall  be 
deemed  evidence  of  the  fact  of  such  service  in  all  courts 
and  places ;  said  notice  so  served  shall  be  deemed  a 
full  compliance  with  the  statute  which  requires  a  col- 
lector of  taxes  to  call  at  least  once  on  the  person  taxed 
or  at  the  place  of  his  usual  place  of  residence,  and 
demand  the  payment  of  taxes  charged  him  on  his 
property. 

§  20.  On  the  fifteenth  day  of  February  the  fee 
additional  to  the  tax  then  remaining  unpaid  shall  be 
five  per  centum,  and  it  shall  then  be  the  duty  of  the 


*So  in  the  original. 


145 


"hia  Chamber- 
Ulft  lain  to 


stable;  con- 
tents of. 


4 


Title  X.]  Revised  Charter, 

chamberlain  to  proceed  without  delay  to  issue 
warrant  under  his  hand  and  the  seal  of  the  city,  to  ^snutet^n. 
any|&o.u&tabJje!of  the  city,  or  to  as  many  of  them  as- he 
may  deem  necessary,  commanding  said  officer  or  offi- 
cers to  levy  the  tax  and  fees  by  distress  and  sale  of 
t  he  goods  and  chattels  of  the  person  upon  whose  real 
or  personal  property  the  tax  was  apportioned  accord- 
ing to  the  said  assessment  and  tax  roll  of  any  goods 
or  chattels  in  his  or  her  possession,  wheresoever  the 
same  may  be  found  in  the  city  of  Cohoes  or  in  the 
county  of  Albany,  and  to  pay  the  same  to  the  said 
chamberlain  and  return  such  warrant  on  or  before  the 
fourth  day  of  March  in  the  same  year,  and  no  claim 
of  property  to  be  made  to  such  goods  and  chattels 
shall  be  available  to  prevent,  a  sale  thereof,  except  in 
such  cases  as  are  provided  for  by  the  general  statutes 
of  this  state.  Such  warrants  shall  all  bear  uniform 
date. 

§  21.  The  said  constable  shall  give  public  notice  of  Duty  of 
the  time  and  place  of  sale  and  of  the  property  to  be'° 
sold,  at  least  five  days  previous  to  the  sale,  by  adver- 
tisement as  provided  in  the  last  section,  to  be  posted 
up  in  at  least  three  public  places  of  the  city.  The 
sale  shall  be  by  public  auction.    If  the  property  shall 
be  sold  for  more  than  the  amount  of  taxes  and  fees 
and  the  costs  of  such  distress  and  sale  the  surplus 
shall  be  returned  to  the  person  entitled  thereto.  In 
case  any  of  the  said  taxes  remain  unpaid  on  the  fifth 
day  of  March,  succeeding  the  delivery  of  the  roll  to  After 
the  chamberlain,  he  shall  deliver  to  the  county  treas- 
urer  an  account  of  the  taxes  so  remaining  due  with  a  Auver  ac- 
description  of  the  property  liable  for  the  same,  as^yto 

-i  treasurer  of 

described  m  the  assessment  roll,  and  upon  making taxes  due 
oath  before  the  county  treasurer,  or  in  his  absence, 
before  the  mayor  or  clerk  of  the  city,  that  the  sums 
mentioned  in  the  account  remain  unpaid  and  uncol- 
lected, and  that  he  has  duly  issued  warrants  for  the 
collection  of  the  same,  which  had  been  returned  to 


7 


r 


146  Laws  of  the  City  of  Cohoes.     [Title  XI. 

him  by  the  proper  officers,  stating  on  oath  that  he 
had  not,  by  diligent  inquiry,  been  able  to  discover 
any  goods  or  chattels  belonging  to  or  in  possession  of 
the  person  or  persons  charged  with  or  liable  to  pay 
such  sums  whereupon  he  could  levy  the  same.  The 
said  chamberlain  shall  be  discharged  from  all  liability 
for  the  amount  thereof,  and  shall  be  credited  there- 
with by  the  county  treasurer. 

faandsofac  §  22 •  After  having  complied  with  the  provisions  of 
c°hradpnl30O  tn^  las_t  three  sections  it  shall  be  the  duty  of  the  said 
Laws  1878.  chamberlain  to  proceed  as  empowered  and  directed  by 
chapter  two  hundred  and  thirty  of  the  laws  of  eighteen 
hundred  and  seventy-eight,  providing,  among  other 
things,  for  <kthe  sale  of  lands  in  the  city  of  Cohoes  for 
unpaid  state  and  county  taxes." 

Note:  -  For  duty  of  assessors  as  to  exempt  real  property,  see  Chapter  689,  Laws  of 
1900. 

TITLE  XL 

Local  Improvements, 
streets  and  highways. 

common  Section  1.  The  ('oniD ion  council  shall  be  commis- 
commis-     sioners  of  highways  in  and  for  the  city,  and  shall 

sioners  of  °  .  ttx-ju 

highways.  p0SSess  and  exercise  the  powers  and  duties  ana  be 
subject  to  the  liabilities  of  commissioners,  of  high- 
ways in  towns,  and,  as  such  commissioners,  they  shall 
serve  without  compensation. 

what  8  2.  All  streets,  park,  places,  lanes  and  alleys  now 

streets  to  be       c  A  .  _  ,    .  -. 

deemed     in  -public  use  within  said  city,  heretofore  laid  out  as 

highways.  1  .  j?      i  •  l 

public  highways  under  any  law  of  this  state,  ot  which 
a  record  has  been  made  in  the  office  of  the  clerk  of 
Albany  county,  or  of  the  clerk  of  the  town  of  Water  - 
vliet,  or  of  the  clerk  of  the  city  of  Cohoes ;  and  all 
streets,  parks,  places,  lanes  and  alleys  therein  not 
recorded,  which  have  been  or  shall  have  been  worked 
or  improved  and  used  as  public  highways  for  twenty 
years  or  more,  shall  be  deemed  public  highways  of 
the  city  of  Cohoes. 


Title  XI.]  Revised  Charter.  .  147 

§  3.  The  common  council  shall  have  power  to  cause  streets,  etc, 
all  streets,  parks,  places,  lanes  and  alleys  used  as  taine/InT 

-1  •    1  .  .  .  ^  entered  of 

highways  m  said  city,  which  shall  have  been  opened, record 
laid  out  or  dedicated  to  public  use,  but  not  sufficiently 
described,  to  be  ascertained,  described  and  entered  of 
record  in  the  city  clerk's  office,  in  a  book  to  be  pro- 
vided by  the  city  for  that  purpose,  in  the  manner 
required  by  law  of  commissioners  of  highways  in 
towns;  and  the  same,  when  so  ascertained,  described 
and  recorded,  shall  be  public  highways,  lanes,  parks, 
streets  and  places  of  said  city. 

§  4.  The  common  council  shall  have  power  to  lay  Power  of 
out,  make  and  open  streets,  alleys,  lanes,  highways  w3nto 

l  -1  -■  1  •  _,  .  _,  '        °  J    '  lay  out,  etc, 

parks  and  public  grounds  m  said  city,  and  to  alter, streets  etc- 
widen,  contract,  straighten,  extend  or  discontinue  the 
same,^and  to  cause  the  same  and  also  all  other  streets, 
alleys,  lanes,  highways,  parks  and  public  grounds  in 
said  city  to  be  repaired  or  cleaned  from  time  to  time 
as  it  may  deem  necessary,  and  it  shall  cause  all  streets, 
alleys,  lanes,  highways,  parks,  places  and  public 
grounds  laid  out  or  constructed  by  it  to  be  surveyed, 
and  such  surveys  to  be  filed  and  recorded  in  the  office 
of  the  clerk;  and  the  same,  when  so  laid  out,  con- 
structed, filed  and  recorded,  shall  be  public  highways, 
parks,  places  and  grounds  of  said  city. 

§  5.    No  new  streets  or  newly  laid  out  or  newly  width  of 
mapped  lands  shall  be  adopted,  laid  out,  opened  and  Smarms, 
worked  or  graded  in  said  city  by  said  common  council, 
unless  the  same  shall  be  sixty  feet  wide,  and  said 
common  council  shall  have  no  power  to  order  the 
same  opened,  laid  out,  worked  or  graded,  nor  to  v 
accept  any  such  street  or  highway,  or  dedication  of  \ 
any  such  street  or  highway  hereafter  dedicated,  unless 
the  same  shall  be  of  the  width  of  sixty  feet,  except 
upon  the  affirmative  vote  of  three-fourths   of  the 
members  of  the  common  council. 


148  .       Laws  of  the  City  of  Cohoes.     [Title  XI. 

proceed-       $  q   When  the  common  council  shall  have  de  ter - 

ings  of  «  t 

cc°0^n  mined  to  lay  out,  alter,  widen,  straighten,  extend, 
terZntg  make,  open  or  construct  any  street,  alley,  lane,  high- 
Sreeum-  way,  park,  place  or  public  ground,  and  to  take  and 
to  ascSSS  appropriate  the  land  necessary  for  the  same,  and  shall 
ownefseof°  }lave  ascertained  the  estimated  expense  of  such  im- 

lands,  etc. 

provements,  aside  from  the  damages  hereinafter  men- 
tioned, and  shall  have  determined  to  assess  such 
expense   and   damages  in   the  manner  hereinafter 

Notice.  provided,  it  shall  give  notice  of  such  determinations 
to  the  owner  or  owners  of  and  other  persons  interested 
in  the  lands  so  proposed  to  be  taken  and  appropriated, 
by  publishing  the  same  once  in  each  week  for  four 
successive  weeks  in  the  official  paper,  and  by  personal 
service  thereof  upon  each  of  such  persons  at  least 
fifteen  days  prior  to  the  time  of  the  application  here- 
inafter mentioned.  Said  notice  shall  specify  in  general 
terms  the  improvement  to  be  made,  and  shall  describe 
the  lands  proposed  to  be  taken  and  appropriated 
therefor,  and  shall  state  that  such  owner  or  owners, 
and  all  persons  interested  in  said  lands  may,  on  or 
before  a  day  to  be  specified  in  said  notice,  file  with 
the  clerk  of  said  city  their  claim  for  damages,  if  any 
they  have,  on  account  of  such  taking  or  appropriation ; 
and  that  in  case  any  such  claim  for  damages  shall  be 
filed,  the  common  council  will  apply,  at  a  time  and 
place  to  be  specified  in  said  notice,  to  a  special  term 
of  the  supreme  court  within  the  judicial  district  in 
which  said  city  is  located,  or  to  the  county  court  of 

Appoint-    Albany  county,  for  the  appointment  of  three  commis- 

ment  of  J  *V  .  ' 

commis-  doners  to  ascertain  and  determine  the  damages  so 
claimed.  If  any  such  claim  shall  have  been  filed  as 
aforesaid,  said  common  council  shall  make  application 
to  said  court  at  the  time  and  place  in  said  notice 
specified,  for  the  appointment  of  such  commissioners, 
and  any  person  who  shall  have  filed  such  claim  for 
damages  shall  have  a  right  to  be  heard  on  the  appli- 
cation.   Such  court  shall  have  power  to  adjourn  the 


Title  XI.]  Revised  Charter.  149 

hearing,  and  to  exercise  general  authority  over  the 
proceedings,  in  accordance  with  the  rules  and  practice 
of  said  court,  except  as  herein  otherwise  provided. 
Said  commissioners  shall  be  disinterested  freeholders  Qualilica- 
of  said  city,  aud  shall,  severally,  before  entering  upon  dutyo" 

commis- 

the  performance oi  their  duties,  take  and  subscribe  angers, 
oath  faithfully,  honestly  and  impartially  to  perform 
their  duty  in  making  such  ascertainment  and  determi- 
nation of  damages,  and  to  make  a  true  report  thereof, 
according  to  the  best  of  their  ability  and  understand- 
ing. They  shall  enter  upon  the  performance  of  their 
duties  without  delay,  and  shall  give  notice  of  the  time 
and  place  of  their  meeting  to  make  such  ascertain- 
ment and  determination  by  publishing  the  same  once 
in  each  week  for  two  successive  weeks  in  the  official 
paper.  If  either  of  the  commissioners  shall  be  unable 
to  serve  from  sickness  or  other  cause,  the  common 
council  may,  at  any  time,  without  notice,  make  appli- 
cation to  the  court  in  which  the  proceedings  are 
pending,  to  have  some  suitable  person  appointed  in 
his  stead,  and  such  court  shall  thereupon  make  such 
appointment.  At  the  time  and  place  so  appointed 
for  their  meeting,  the  commissioners  shall  view  the 
premises,  and  receive  any  legal  evidence,  and  may, 
if  necessary,  adjourn  from  day  to  day;  they  shall 
ascertain,  determine  and  award  to  the  owner  or 
owners  of,  or  other  persons  interested  in  said  lands,  so 
claiming  damages  as  aforesaid,  such  damages  as,  in 
the  judgment  of  said  commissioners,  such  owner  or 
owners  or  other  persons  interested  will  sustain  by  such 
improvement,  after  making  due  allowance  for  any 
benefit  which  such  owner  or  owners  or  other  persons 
interested  may  derive  therefrom.  If  there  be  any 
building  on  the  land  taken  for  such  improvement, 
the  value  thereof  to  remove  shall  be  ascertained  and 
determined  by  the  commissioners,  and  stated  in  their 
return,  and  the  owner  thereof  may  remove  the  same 
within  ten  days,  or  such  other  time  as  the  common 


150  Laws  of  the  City  of  Cohoes.     [Title  X  f. 

council  may  fix,  after  confirmation  of  the  return  of  the 
commissioners,  and  if  the  same  be  so  removed,  such 
value  thereof  shall  be  deducted  from  any  damages 
Proceed-    awarded  to  said  owner.    The  determination  of  the 

iri^s  upon  . 

the  deter-  commissioners,  signed  by  all  ot  them,  shall  be  returned 

mination  of  ' 

sione°rTmis" to  common  council  aad  filed  with  the  clerk  within 
sixty  days  after  their  appointment,  whereupon  the 
common  council  shall  cause  to  be  published  in  the 
official  paper  for  two  successive  weeks  a  notice  that 
such  report  has  been  filed  with  the  city  clerk,  and  may 
be  examined  by  all  persons  interested ;  and  that  at  a 
time  and  place  to  be  specified  in  said  notice  said  report 
will  be  presented  at  a  special  term  of  the  supreme 
court  to  be  held  in  the  judicial  district  in  which  said 
city  is  situated,  or  the  county  court  of  Albany  county, 
for  confirmation  and  that  all  persons  desiring  to  object 
to  said  report  shall  file  their  objections  thereto  in 
writing,  with  the  city  clerk,  at  least  five  days  before 
the  day  specified  in  said  notice  for  such  motion  for 
confirmation.  Any  party  who  may  have  appeared  in 
the  proceedings  shall  be  entitled  to  notice  of  such 
motion  in  accordance  with  the  rules  and  practice  of  the 
court.  On  the  day  specified  in  such  notice,  or  on 
such  other  day  as  the  court  may  designate,  the  court 
shall  hear  the  parties  in  regard  to  said  report  and 
shall  confirm  such  determination  or  annul  the  same. 
If  said  court  confirm  the  same,  it  shall  be  final  and 
conclusive,  but  if  it  annul  the  same,  it  may  refer  the 
matter  back  to  the  same  commissioners,  or  to  three 
others  to  be  appointed  by  said  court,  who  shall  proceed 
in  all  things  in  the  making  and  return  of  the  second 
determination  as  though  it  were  the  first,  and  the 
same  proceedings  shall  be  had  thereon  as  if  it  were  an 
original  determination.  After  the  final  confirmation 
of  any  such  determination,  and  the  filing  of  the  order 
of  confirmation  in  the  office  of  the  city  clerk,  the 
common  council  is  authorized  to  cause  such  impro- 
vement to  be  made  and  completed  and  the  amount  of 


Title  XL]  Revised  Charter.  151 

every  award  of  damages  so  made  and  confirmed,  as 
well  as  all  other  expense  of  such  improvement,  shall 
be  a  valid  liability  against  said  city,  and  payment 
thereof  may  be  enforced  against  it  by  tax,  assessment 
or  both,  as  provided  in  the  next  section ;  and  the  court 
upon  the  final  confirmation  of  any  such  award  of 
damages  may  direct  that  the  amount  thereof,  when 
collected,  be  paid  to  or  deposited  in  some  specified 
bank  of  the  city  of  Cohoes  to  the  credit  of  the  person 
entitled  thereto,  and  such  payment  or  deposit  shall 
discharge  the  liability  of  said  city  therefor. 

§  7.  The  commissioners  appointed  as  aforesaid  shall  £°™pfe^ 
be  allowed  five  dollars  each  for  every  day  actually  and  missioners 
necessarily  employed  in  and  about  the  duties,  and 
such  compensation  and  the  charge  of  surveyors  and 
other  necessary  cost  and  expenses,  which  charges, 
costs  and  expenses  shall  be  audited  and  the  amount 
thereof  fixed  and  determined  by  the  common  council 
shall  be  considered  a  part  of  the  expense  of  such  im- 
provement, and  shall  be  assessed  and  taxed  with  the 
damages  hereinbefore  mentioned.  The  common  council,  Apportion- 
whenever  any  of  the  public  improvements  mentioned  SePnense  of 

,       ,  .  improve- 

m  the  last  section  is  to  be  made,  shall  determine  what  £en" 
portion,  if  any,  of  the  expense  thereof ,  including  such  k°"*M*on- 
damages,  ought  to  be  paid  by  special"  tax  upon  the 
city  at  large,  and  what  portion,  if  any,  ought  to  be 
paid  by  local  assessment;  and  shall  direct  that  the 
whole  expense  to  be  paid  by  local  assessment  be  assessed 
upon  all  the  lots  and  parcels  of  land  to  be  benefited 
thereby,  in  proportion  to  the  benefit  which  each  will 
derive   therefrom;    and   the   assessors,  upon   being  Duty  of 
notified  by  the  common  council  so  to  do,  shall  forth 

-  to  such 

with  proceed  to  make  a  special  assessment  and  certi-  SSve" 
ficate,  entering  therein,  in  separate  columns,  the  names 
of  all  persons  assessed,  the  description  of  all  lots  and 
parcels  of  land  assessed,  and  the  amount  each  shall  be 
assessed,  assessing  justly  and  equitably  upon  each 
parcel  of  land  and  upon  each  owner  thereof  respect- 


152 


Collection 
of  assess- 
ment for 
improve- 
ments. 


La.ws  of  the  City  of  Cohoes.     [Title  XI. 

ively,  such  portion  of  said  expense  to  be  paid  by  local 
assessment,  as  shall  be  in  proportion,  as  nearly  as  may 
be,  to  the  advantages  which  each  shall  be  deemed  to 
receive  by  the  making  of  such  improvement.  Upon 
the  completion  of  said  assessment  and  certificate,  the 
same  shall  be  subject  to  review  and  to  the  like  pro- 
ceedings in  reference  thereto  as  provided  in  the  next, 
section  in  the  case  of  assessments  for  paving,  or 
grading  and  pa  ving  streets.  A  warrant  shall  be  issued 
for  the  collection  of  such  tax  and  the  same  shall  be 
collected  in  the  manner  and  with  the  fees  prescribed 
in  this  act  for  the  collection  of  city  taxes. 


paving  Subject  to  the  restrictions  in  this  title  con- 

grading,  «  J 

tained,  the  common  council  shall  have  power  to  cause 


etc.,  of 
streets 


any  street,  alley,  lane,  highway  or  public  ground,  or 
any  part  or  parts  thereof  in  said  city,  to  be  paved,  and 
if  necessary,  to  be  properly  graded  for  the  purpose  of 
paving  the  same,  or  when  deemed  expedient  to  be 
Expense  simply  graded.  The  expense  of  all  such  paving, 
or  assessed,  grading  and  paving  or  grading  of  public  grounds  shall 
be  paid  by  special  tax  upon  the  city  at  large,  and 
collected  in  the  manner,  as  nearly  as  may  be,  and 
with  the  fees  prescribed  in  this  act  for  the  collection 
of  general  city  taxes.  The  expense  of  all  such 
paving,  grading  and  paving  or  grading  of  streets  and 
other  ways  and  places  shall  be  defrayed  by  special 
tax,  one-half  thereof  upon  the  city  at  large  and  one- 
half  thereof  upon  the  real  estate  adjacent  and  con- 
tiguous to  that  part  of  the  street  or  other  way  paved, 
graded  and  paved  or  graded,  and  upon  the  owners 
thereof  according  to  the  number  of  lineal  feet  of  such 
real  estate  owned  by  each  person  along  such  street  or 
way,  except  that  the  city  at  large  shall  be  taxed  for 
and  shall  pay  the  expense  of  paving,  grading  and 
paving  or  grading  the  crossings  of  streets  and  other 
ways,  and  except  that  every  street  railway  now  or 
hereafter  operated  in  said  city  shall  be  taxed  for  and 
shall  pay  the  expense  of  paving,  grading  and  paving 


Title  XI.]  Revised  Charter.  153 

or  grading  that  portion  of  every  street  or  other  way 
paved,  graded  and  paved  or  graded,  covered  by  its 
road,  and  a  space  two  feet  in  width  outside  of  and 
adjoining  its  track  on  either  side ;  and  no  part  of 
the  expense  of  paving,  grading  and  paving  or  grading 
any  street  or  other  way,  or  part  of  a  street  or  other 
way,  shall  be  taxed  npon  lands  not  adjacent  and  con- 
tiguous to  that  part  of  the  street  or  other  way  paved, 
graded  and  paved  or  graded,  except  as  herein  other- 
wise provided.  When  the  common  council  shall  1  Lave  Special  as- 

,  .      .  sessments 

caused  any  street  or  other  way  to  be  paved,  graded  and  certifi- 
and  paved  or  graded,  the  assessors,  upon  being  notified 
by  the  common  council  so  to  do  shall  forthwith 
proceed  to  make  a  special  assessment  and  certificate, 
entering  therein  the  names  of  all  owners  of  land 
adjacent  and  contiguous  to  that  part  of  the  street  or 
other  way  paved,  graded  and  paved  or  graded,  and 
the  name  of  every  street  railway  operated  on  such 
street  or  other  way,  and  designating  therein  the 
parcels  of  such  land  owned  by  non-residents,  according 
to  their  best  knowledge  and  information.  They  shall 
make  a  just  and  equitable  assessment  of  the  proper 
proportion  of  the  expense  of  such  paving,  grading  and 
paving  or  grading  against  such  lands  and  owners,  and 
against  such  street  railway,  if  any,  operated  on  such 
street  or  other  way,  assessing  upon  the  several  parcels 
of  real  estate  adjacent  and  contiguous  to  that  part  of 
the  street  or  other  way  paved,  graded  and  paved  or 
graded,  and  upon  the  respective  owners  thereof,  such 
portion  of  the  whole  of  said  expense  to  be  so  assessed 
as  shall  be  proportionate  to  the  number  of  lineal  feet 
of  such  real  estate  owned  by  each  person,  and  upon 
said  street  railway  the  portion  of  said  expense  herein- 
before mentioned,  and  shall  enter  in  said  certificate  a 
brief  but  careful  description  of  each  parcel  assessed 
and  the  sum  assessed  upon  it.  When  such  certificate  Meeting  for 
is  completed  they  shall  fix  the  time  and  place  of  o?rslme°n 
meeting  to  correct  the  same  and  shall  give  notice 


154  Laws  of  the  City  of  Cohoes.     [Title  XI. 

of  such  meeting,  stating  where  such  certificate  can  in 
the  meantime  be  seen  and  examined,  by  publishing 
such  notice  at  least  once  in  the  official  paper.    At  the 
faring ^of  time  and  place  so  appointed,  said  assessors  shall  meet 
grieved.    an(^  near  ar]  persons  appearing  before  them  who  shall 
feel  that  they  are  aggrieved  by  said  assessment,  and 
after  such  hearing  shall  make  such  corrections,  if 
any,  in  such  certificate,  as  will,  in  their  judgment, 
render   such,  assessment   more  just  and  equitable. 
When  such  certificate  shall  thus  be  corrected  or  when 
the  assessors,  after  such  hearing,  shall  have  determined 
that  it  needs  no  correction,  they  shall  deliver  the  same 
?ertificltesf  an(^  a  duplicate  thereof,  both  of  which  shall  be  signed 
to  council,        a  majority  or  by  all  of  them,  to  the  common 
council,  within  twenty  days  after  their  first  meeting 
to  make  the  assessment,  but  such  time  may  be  extended 
beforeng    Dy   the   common  council.    Any  person  conceiving 
council.     himself  aggrieved  by  said  assessment  shall  have  the 
right  to  be  heard  in  relation  thereto  before  the  common 
council  at  its  first  regular  meeting  after  delivery  of 
the  certificate  as  aforesaid,  and  at  its  second  regular 
meeting  after  such  delivery  the  common  council  shall 
copuPnetyls  to  either  confirm  or  annul  such  assessment.    If  it  confirm 
judge.  same5  any  person  who  shall   conceive  '  himself 

aggrieved  thereby  may  appeal  to  the  county  judge  of 
Albany  county,  within  the  time  and  in  the  manner,  as 
nearly  as  may  be,  provided  by  law  for  appeals  from 
determination  of  commissioners  of  highways  in  laying- 
out  roads,  but  if  it  annul  the  same,  all  proceedings  of 
the  assessors  in  relation  thereto  shall  be  void,  and  new 
proceedings  may  be  taken  in  the  matter  in  the  manner 
frseteohacdt"in  provided  in  this  section.  If  the  assessors,  or  any  or 
assessors,  either  of  them,  be  interested  in  property  liable  to  be 
affected  by  such  assessment,  or  be  from  any  cause 
incapable  of  acting,  the  common  council  may  appoint, 
in  place  of  each  assessor  thus  disqualified,  a  disin- 
terested freeholder  of  said  city,  residing  therein,  to 
perform  the  duties  of  such  assessor  in  making  such 


Title  XI.]  Revised  Chakter..  155 

assessment,  and  every  such  freeholder,  before  entering 
upon  the  performance  of  said  duties,  shall  take  and 
subscribe  an  oath  to  make  the  assessment  faithfully, 
honestly  and  impartially,  according  to  his  best  judg- 
ment.   When  any  such  assessment  shall  be  finally  Duplicate 
confirmed  by  the  common  council  or  other  competent  £S?%£* 
tribunal,  the  duplicate  certificates   thereof  herein- 
before mentioned  shall  be  thereupon  filed  with  the 
clerk  and  shall  both  be  deemed  originals,  to  the  one 
of  which  shall  be  annexed  the  warrant  for  the  collection  warrant 
of  said  taxes,  and  the  other  a  copy  of  said  warrant,  uontf160" 
with  a  receipt  of  the  chamberlain  for  such  certificate taxes' 
and  warrant.    The  compensation  of  such  freeholders  compensa- 
tor their  services  under  this  section  shall  be  fixed  by  SSSi?ifree" 
the  common  council  and  by  it  added  to  and  made  a 
part  of  said  assessment,  and  the  whole  amount  assessed 
shall  be  collected  in  the  manner  and  with  the  fees 
prescribed  in  this  act  for  the  collection  of  general 
city  taxes.    When  the  grade  of  a  street  or  other  way  Change  of 
has  been  established  by  the  common  council,  and  the  ° 
street  or  other  way  graded  accordingly,  the  grade 
thereof  shall  not  be  changed,  except  upon  petition  of 
the  owners  of  more  than  one-half  of  the  lineal  feet 
of  real  estate  adjacent  and  contiguous  to  that  part  of 
the  street  or  other  way  to  be  regraded,  and  a  majority 
of  the  owners  of  such  real  estate,  nor  unless  compen- 
sation be  made  to  persons  damaged  by  the  regrading, 
such  compensation  to  be  determined  by  agreement  or  Damages 
by  three  commissioners  to  be  appointed  by  the  county  m°ned.eter' 
court  of  Albany  county,  or  by  the  supreme  court,  and 
who  shall  take  the  oath  required  of  commissioners  in 
section  six  of  this  title,  and  view  the  premises  and 
take  all  legal  evidence.    Said  commissioners  shall 
make  a  report  of  their  proceedings  to  the  court  by 
which  they  were  appointed,  which  may  confirm  said 
report  or  may  set  it  aside  and  appoint  new  commis- 
sioners whose  award  shall,  if  confirmed  by  said  court, 
be  final.    Said  court  shall  have  general  jurisdiction  of 


156  Laws  of  the  City  of  Cohoes.     [Title  XL 

the   proceedings,  and   the   same   shall   proceed  in 
Awards     accordance  with  the  rules  and  practice  of  such  court, 

how  collect-  -,    ,  , 

edrandJ    and  when  any  such  award  shall  be  conhrmed  by  the 

enforced. 

court,  the  amount  thereof  shall  be  a  valid  liability 
against  such  owners  of  real  estate  adjacent  and  conti- 
guous to  that  part  of  the  street  or  other  way  regraded, 
and  may  be  enforced  against  them  in  the  manner  in 
this  section  provided  for  enforcing  collection  of  the 
expense  of  paving,  grading  and  paving  or  grading  of 
contracts,  streets.  All  grading  of  streets  shall  be  done  by  con- 
tract to  be  let  as  provided  in  the  next  section. 

(As  amended  by  §  9,  Chapter  604,  Laws  of  1893.) 

paving  to  §  9-  All  paving,  and  grading  and  paving,  authorized 
tiseeddfVorr"  by  the  last  preceding  section  shall  be  advertised  for 
contract,  y  such  time  as  the  common  council  may  direct,  and  shall 
be  done  by  contract,  to  be  let  to  the  iowest  bidder  for 
the  same,  unless  the  common  council  shall  deem  it 
for  the  best  interests  of  the  city  to  reject  all  bids  made. 
If,  at  any  time,  no  satisfactory  bid  shall  be  received, 
the  common  council  may  cause  such  work  to  be  done 
under  its  supervision  at  an  expense  not  to  exceed  the 
usual  or  ordinary  cost  of  labor  and  materials.  No 
bid  shall  be  accepted  by  the  common  council  unless 
accompanied  with  a  bond  to  the  city  of  Cohoes  in 
such  penalty  and  with  such  sureties  as  the  common 
council  shall  approve,  conditioned  that  the  bidder  will 
accept  and  execute  a  written  contract  and  specifica- 
tions for  the  doing  of  such  work,  and  for  the  full 
performance  thereof  in  accordance  with  such  contract 
and  specifications,  in  case  it  shall  be  awarded  to  him, 
which  sureties  shall  justify  in  an  amount  equal  to  the 
penalty  of  the  bond.  Said  bonds  shall  be  so  given 
after  proper  specifications  shall  have  been  made  and 
filed  in  the  city  chamberlain's  office,  and  after  notice 
of  such  letting  has  been  published  at  least  once  in  the 
official  paper.  The  notice  need  not  contain  the  speci- 
fications, but  may  refer  to  them  on  file. 


Title  XL]  Revised  Charter.  157 

§  10.  Except  as  provided  in  this  section,  no  street  ^paved1  to 
shall  be  paved  by  said  city  unless  the  owners  of  more  excePtuP°n 


petition, 
etc. 


than  one-half  of  the  lineal  feet  of  the  real  estate  adja 
cent  and  contiguous  to  that  part  of  the  street  proposed 
to  be  paved,  and  a  majority  of  the  owners  of  such  real 
estate,  petition  the  common  council  therefor;  and 
such  paving  shall  be  ordered  only  by  concurring  vote 
of  two-thirds  of  all  members  of  the  common  council  in 
office.    But  the  common  council,  by  a  like  vote,  shall ?eet  maybe 
have  power,  without  such  petition,  when  the  public y2rw5h-h 
convenience  so  requires,  to  pave,  or  cause  to  be  paved,  Sonpetl~ 
not  exceeding  one  thousand  lineal  feet  in  any  one  year, 
of  any  of  the  public  streets  of  said  city.    The  expense 
of  such  paving  shall  be  paid,  and  the  proceedings 
therefor  shall  be  conducted,  in  the  same  manner  as 
provided  in  the  last  two  sections  for  the  paving  of 
streets.    Whenever  the  common  council  shall  have  Notice  to 
determined  to  make  any  of  the  public  improvements  intSSted  ° 

x  parties,  of 

mentioned  m  the  sixth,  eighth  and  this  section  of  this  hearing  of 

'       °  arguments 

title,  and  shall  also  have  determined  the  other  matters  a°rai?nrst 
to  be  contained  in  the  nolice  required  by  this  section,  Sve" 
it  shall  publish,  at  least  twice,  in  the  official  paper, 
a  notice  to  all  persons  interested  in  such  improvement, 
appointing  a  place  and  time,  not  less  than  two  weeks 
after  the  first  publication,  for  the  hearing  of  arguments 
for  or  against  such  improvement.    Such  notice  shall 
precede  any  other  public  notice  required  in  the  pro- 
ceedings affecting  such  improvement,  and  shall  contain  contents 
a  brief  description  of  the  improvement  proposed  and,  ° 
in  the  case  of  improvements  mentioned  in  section  six 
of  this  title,  a  description  of  that  part  of  the  city 
which,  in  the  opinion  of  the  common  council,  will  be 
benefited  thereby,  together  with  a  statement  of  what 
portion  of  the  whole  expense,  if  any,  ought,  in  its 
opinion,  to  be  paid  by  local  assessment  upon  the  part 
of  the  city  so  benefited. 


/ 


158  Laws  of  the  City  of  Cohoes.     [Title  XI. 

sidewalks,      a  \\     The  common  council  shall  have  power  to 

construe-  °  -1- 

uon,  etc.,  require  sidewalks  to  be  constructed,  made,  paved, 
flagged,  curbed,  guttered,  repaved,  reset,  amended  or 
repaired  by  the  owners  of  lands  adjoining  such  side- 
walk or  proposed  sidewalk,  and  to  require  any  such 
improvement,  act  or  thing  to  be  made  or  done  in  such 
manner,  at  such  times  and  of  such  material  as  it  may 
prescribe  and  direct;  and  in  exercising  such  power  it 
shall  take  the  steps  required  by  the  next  succeeding 
section  of  this  title.  The  common  council  may  at  any 
time,  instead  of  making  such  requirements  of  the 
owners,  cause  such  improvements,  act  or  thing  to  be 
made  or  done  at  an  expense  not  exceeding  the  regular 
or  usual  prices  of  labor  and  materials  for  such  purposes, 
and  may  assess  and  collect  such  expense  in  the  manner 
provided  in  said  next  succeeding  section  of  this  title. 
The  improvements  mentioned  in  this  section  shall 
conform  to  the  grades  established  or  to  be  established 
before  such  improvements  are  made. 

Resolution     §  12.  The  commoii  council  shall  specify  in  every 

to  specify  .  . 

manner,etc.  resolution  requiring  any  ot  the  improvements,  acts  or 
work.  things  mentioned  in  the  last  preceding  section  of  this 
title,  in  what  manner,  within  what  time,  and  of  what 
materials  the  same  must  be  made  or  done.  Except  as 
Resolution  HI  this  section  otherwise  provided,  it  shall  cause  such 
on  owners,  resolution  to  be  served,  within  said  city  at  least  ten 

how.  17 

days  before  the  expiration  of  said  specified  time,  by 
delivering  to  and  leaving  with  the  owner  of  each  parcel 
of  land  adjoining  such  sidewalk,  or  proposed  sidewalk, 
personally,  a  true  copy  thereof,  with  a  notice  that  if 
the  same  is  not  done  by  such  owner  within  said  spec- 
ified time,  it  will  be  done  by  the  common  council  at 
his  expense.  If  the  owner  be  a  resident  of  said  city, 
like  service  of  such  resolution  and  notice  at  his  resi- 
dence upon  any  member  of  his  household  of  suitable 
age  and  discretion  shall  be  sufficient.  If  the  owner 
be  a  non-resident  of  said  city,  such  resolution  and 
notice  may  be  served  in  the  same  manner  upon  any 


Title  XI.]  Revised  Charter.  159 

occupant  of  the  premises  of  suitable  age  and  discre- 
tion, or  by  depositing  a  copy  of  such  resolution  and 
notice  in  the  post-office  in  said  city,  properly  inclosed, 
post-paid  and  directed  to  such  owner  at  his  place  of 
residence,  or,  if  his  place  of  residence  be  unknown, 
by  posting  them  in  conspicuous  place  on  such  estate 
or  premises  and  any  such  service  shall  be  sufficient. 
In  all  cases  of  service  under  the  last  preceding  sentence 
of  this  section,  double  time  shall  be  allowed  in  which 
to  do  the  act  or  thing  required.    In  addition  to  anv  Publication 

•  ._   '    .      ■  r  of  resolu- 

such  service,  the  common  council  shall  cause  such^n 
resolution  and  notice  to  be  published  at  least  once  in 
the  official  paper.  Affidavits  of  the  service  and  pub- 
lication of  said  resolution  and  notice  shall  be  filed  and 
recorded  in  the  office  of  the  city  clerk,  and  said  affi- 
davits or  the  record  thereof,  or  a  certified  copy  of 
either,  shall,  in  all  courts  and  places,  actions  and  pro- 
ceedings, be  prima  facie  evidence  of  the  facts  therein 
stated.    In  case  any  such  improvement,  act  or  thins:  when  the 

x  °  work  is  not 

so  required  shall  not  be  made,  done  or  completed done  by 

1  owner 

within  the  term  so  specified,  the  common  council  ^neJme 
shall  have  power  to  make,  do  or  complete  the  same,  coSSPno 
and  in  event  of  the   exercise   of   such   power,  todolt' 
make  a  special  assessment  of  the  expense  thereof  ^SpSnse 
against  the  delinquent  owner  and  upon  said  adjoining of  work 
lands  owned  by  him,  assessing  upon  each  parcel  or 
lot  of  land  immediately  adjoining  such  improvement, 
a  just  proportion  of  the  expense  thereof  and  of  making- 
said  assessment ;  and  said  assessment  from  the  time  of 
filing  the  certificates  thereof,  shall  be  final  and  con- 
clusive .upon  all  persons  affected  thereby.    Said  com- 
mon council  shall  make  and  file  with  the  clerk  dupli- 
cate certificates  of  such  assessment,  both  of  which 
shall  be  deemed  originals,  to  one  of  which  shall  be 
attached  the  warrant  for  the  collection  of  said  assess- 
ment, and  be  delivered  to  the  chamberlain,  and  to  the 
other  shall  be  attached  a  copy  of  said  warrant,  and 
the  chamberlain's   receipt  for  said   certificate  and 


160  Laws  of  the  City  of  Cohoes.     [Title  XI. 

warrant.  The  certificates  shall  contain  substantially 
the  matter  prescribed  in  section  eight  of  this  title  for 
the  assessors'  certificate  therein  required,  and  shall 
be  signed  by  a  majority  of  the  members  of  the  common 
council,  and  the  assessment  shall  be  collected  in  the 
manner,  as  nearly  as  may  he,  and  with  the  fees  pre- 
scribed in  this  act  for  the  collection  of  general  city 
taxes. 


curb  and  §  18.  The  common  council  shall  have  power  to 
ft^SSonoT  require  any  curb  or  gutter  to  be  constructed,  repaired, 
relaid  or  reset  by  the  owner  of  premises  adjacent  and 
contiguous  to  such  curb  or  gutter.  Should  any  such 
requirement  be  made,  it  shall  be  sufficient  to  serve 
Notice  to  upon  such  owner  a  notice  requiring  him  to  construct, 
repair,  relay  or  reset  such  curb  or  gutter  within  a  time 
to  be  specified  in  such  notice,  and  that,  in  case  of  his 
failure  so  to  do  it  will  be  done  by  the  common  council 
at  his  expense.  It  shall  not  be  necessary  to  state  in 
andmannerf such  notice  any  portion  of  the  resolution  requiring 
such  improvement  to  be  made,  or  to  make  any  refer- 
ence thereto.  Such  notice  shall  be  served  in  the  man- 
ner and  within  the  time  prescribed  in  section  twelve  of 
this  title  for  service  of  notice  therein  required,  except 
that  no  publication  thereof  shall  be  required.  The 
expense  of  such  construction,  repairs,  relaying  or 
resetting,  if  incurred  by  the  city  shall  be  paid  by  the 
owner  to  the  city  chamberlain,  on  notice  or  demand 
so  to  do,  and  if  not  so  paid,  it  may  be  collected  by 
special  assessment  in  the  manner  prescribed  in  said 
twelfth  section  of  this  title. 


of  serving 
notice. 


Railroad       8  14.  The  common  council   shall  have  power  to 

companies 
to  do  cer- 
tain work 


require  all  railroad  companies  or  corporations  Avhose 
^fn]ands  lands  may  be  situated  within  the  lines  of  any  street, 
street  lines.  j1jg]lway  or  public  alley  of  said  city  to  construct  all 
necessary  sidewalks  and  crosswalks,  curbs  and  gutters 
over  and  along  the  same,  and  it  shall  be  the  duty  of 
said  corporations  or  companies  in  such  case,  within 


Title  XL]  Revised  Charter.  161 

thirty  days  after  the  service  of  notice  by  the  common 
council  requiring  such  work  to  be  done,  to  construct 
all  such  necessary  sidewalks,  crosswalks,  curbs  and 
gutters,  over  or  along  such  lands.  If  any  such  rail- 
road company  or  corporation  shall  neglect  or  refuse 
for  thirty  days  after  the  service  of  the  notice  aforesaid 
to  cause  such  work  to  be  done  and  completed  as 
required  by  the  said  common  council,  they  shall  for- 
feit and  pay  to  the  city  for  every  subsequent  day's 
neglect  or  refusal,  the  sum  of  twenty-five  dollars. 

§  15.  Every  tax  and  assessment  imposed  under  any  r-ien  of  as- 
of  the  provisions  of  this  title  shall  be  a  lien  upon  all  ^^"0- 

,  .  .  i.i  •  vements. 

real  estate  against  which  the  same  shall  be  assessed 
for  the  time  of  filing  the  certificate  of  assessment 
with  the  city  chamberlain  and  for  ten  years  thereafter 
unless  sooner  paid.    The  same  percentages  and  interest  Percentage 
for  non-payment  shall  be  added  to  such  taxes  and™*™-"* 
assessments,  and  the  same  proceedings  for  the  collec- payment 
tion  of  such  taxes  and  assessments  and  the  additions 
thereto,  shall  be  had  as  in  the  case  of  general  city 
taxes. 

§  16.  Whenever  an  infant  or  other  incompetent  per-  proceed- 
son  shall  be  interested  in  real  estate  affected  by  anyKanT6 
improvement  provided  for  by  this  title,  the  county  S^inTm- 
court  of  Albany  county  or  the  supreme  court  shall piovemenL 
have  power  to  appoint  a  guardian,  in  the  name  of  a 
guardian  ad  litem,  to  protect  the  interests  of  said 
infant  or  other  incompetent  person.  .  Such  guardian 
shall  be  entitled  to  receive  for  his  services  such  com- 
pensation as  the  court  making  the  appointment  may 
direct.    The  county  court  of  Albany  county  shall  be 
always  open  for  the  transaction  of  any  business,  or 
the  making  of  any  motion  contemplated  by  this  title 
of  this  act. 

§  17.  All  cleaning  and  repairing  of  streets  and  other  Cleaning 
ways  and  places  shall  be  done  at  the  expense  of  the 

ing  streets. 

city  at  large.    The  common  council  shall  have  power, 


162  ^   Laws  of  the  City  of  Cohoes.     [Title  XL 

supervision  whenever  it  shall  deem  sucli  course  expedient  and  for 

of  certain  * 

work.  the  best  interests  of  the  city,  to  cause  such  work  and 
all  work  required  by  section  forty  of  title  five,  to  be 
done  under  the  superintendence  of  the  superintendent 
of  streets  and  public  grounds,  and  all  work  mentioned 

contracts  in  section  twenty- eight  of  this  title,  and  the  materials 

for  work  r  0 

Hadismate"  ne^ded  for  such  work,  or  any  part  of  such  work  or  ol 
such  materials,  to  be  done  and  furnished  by  contract 
to  be  let  to  the  lowest  bidder  or  bidders  therefore. 
The  provisions  of  section  nine  of  this  title  shall  govern 

ofp?ounc!i  the  letting  of  every  such  contract.  Such  work  shall 
be  performed  under  the  supervision  of  the  said  super- 
intendent and  shall  be  subject  to  the  approval  of  the 

property,  common  council,  but  nothing  in.  this  act  shall  be  con- 

etc,  not  70  m 

f^sae^ess .  strued  as  relieving  any  person,  corporation,  associa- 
ments.      tloii,  society  or  property  exempt  by  law  from  general 
taxation  from  liability  to  assessment  and  proportionate 
share  of  payment  for  the  improvements  specified  in 
this  title. 

(As  amended  by  §  10,  Chapter  604,  Laws  of  1893.) 

Note:— The  common  council  can  not  be  compelled  by  mandamus  to  let  contract  to 
lowest  bidder. 

See  People  ex  rel,  Lynch  vs.  Aldermen,  &c,  of  N.  Y.,  11  Abb.  Pr.  289. 

^jhwa^  §  is.  It  shall  be  the  duty  of  the  chamberlain  to 
fund.  annually  set  apart  as  soon  as  the  same  is  collected,  ten 
per  centum  of  the  moneys  collected  for  the  general 
city  purposes,  as  provided  by  title  ten  of  this  act,  as 
a  highway  and  bridge  fund,  which  amount  shall  only 
be  used  to  defray  the  expenses  of  making,  repairing 
and  keeping  in  order  the  highways,  streets,  bridges 
and  public  grounds  of  said  city. 

Note:— Concerning  the  submission  to  taxpayers  of  question  of  construction  of 
bridges  within  corporate  limits,  see  Article  4  of  the  general  city  law,  infra. 

CONSTRUCTION  OF  SEWERS. 

sewers,        §  19-  Tne  common  council  may   construct  such 
donStorfUC"    sewers  in  the  streets  and  other  ways  of  said  city,  and 
through  lands  not  within  the  line  of  any  such  street  or 


Title  XI.]  Revised  Charter.  163 

way,  as  to  it  may  seem  necessary  and  proper,  subject 
to  the  restrictions  contained  in  this  title. 

§  20.  Whenever  the  common  council  shall,  by  reso-  Resolution 

T     ,  .  declaring 

lution,  declare  its  intention  to  construct  a  sewer,  it  intention  to 

'  construct 

shall  specify  in  such  resolution  the  sizes  of  the  different  fZSknT' 
sections  thereof,  the  points  between  which  the  same  is  pfubllcation 
intended  to  b^  made,  the  materials  to  be  used  in  its 
construction,  the  manner  in  which  it  is  to  be  con- 
structed, and  shall  fix  the  limit  or  district  of  assess- 
ment beyond  which  the  assessment  thereof  shall  not 
be  extended,  which  resolution  shall  be  published  in 
the  official  paper  at  least  once  in  each  of  two  successive 
weeks,  together  with  a  notice  to  all  parties  interested, 
that  it  intends  to  construct  such  sewer  in  accordance 
with  such  resolution. 

§  21.  The  cost  and  expense  of  every  sewer  con- cost  and 
structed  under  authority  of  this  title  shall  be  charged  construct- 
upon  and  collected  from  the  property  benefitted  there-  hoi'cTarg5- 

.  ed  and 

by,  m  proportion  to  the  benefit  which  the  owners  of collected- 
the  several  parcels  of  property  derived  therefrom,  sub- 
ject, however,  to  the  provisions  herein  contained. 


§  22.  Any  person  liable  to  taxation  for  such  sewer  objections 
may  at  any  time  within  two  weeks  after  the  day  of  the  sentldpr?tc 
first  publication  of  such  resolution  and  notice,  present 
to  the  common  council  written  objections  to  the  con- 
struction or  manner  of   construction  of  the  same. 
Before  the  common  council  shall  order  the  construe-  common 
tion  of  such  sewer,  it  shall  hear  all  objections  so  pre-  hea^objec- 
sented  within  the  time  aforesaid,  and  any  legal  evi- U< 
dence  which  may  be  given ;  and  two  weeks  from  the 
day  of  the  first  publication  of  such  notice,  the  common 
council  shall  determine  whether  or  not  such  sewer 
shall  be  constructed,  and  in  case  it  adheres  to  its 
intention  as  declared  in  said  resolution,  it  may,  at  any 
time  thereafter,  proceed  with  the   construction  of 
such  sewer. 


164  Laws  of  the  City  of  Cohoes.     [Title  XI. 

2ssorsfinS'  §  23 •  When  any  sewer  shall  have  been  constructed 
seweTs.ce  it  shall  be  the  duty  of  the  assessors  of  the  city,  under 
the  direction  of  the  common  council  to  determine  what 
property  within  the  prescribed  limits  is  benefitted  by 
such  sewer,  and  subject  to  the  rules  herein  prescribed, 
to  assess  upon  such  property  the  cost  and  expense  of 
its  construction,  in  a  just  and  equitable  manner  and  as 
nearly  as  may  be,  in  proportion  to  the  advantages 
which  the  several  owners  of  property  derive  there- 
from. The  common  council  shall  prepare  and  deliver 
to  said  assessors  a  true  statement  showing  the  total 
cost  of  such  sewers,  and  such  other  facts  as  it  shall 
deem  necessary,  or  as  may  be  required  by  said 
assessors. 

^nstrTc^  §  24.  No  sewer  shall  be  constructed  in  said  city 
siwe?!  who  unless  the  owners  of  more  than  one-half  of  the  lineal 
to  make,  Q^  rea^  estate  adjacent  and  contiguous  to  that  part 

of  the  street  proposed  to  be  sewrered,  and  a  majority  of 
the  owners  of  such  real  estate,  petition  to  the  common 
vote  re-    council  therefor,  and  each  such  sewerage  shall  be" 

quired  in  c? 

ordered  only  by  concurring  vote  of  two- thirds  of  all 
members  of  the  common  council  in  office. 


common 
council, 


Main  §  25.  The  common  council  shall  have  power,  when- 

ever in  the  judgment  of  a  majority  of  its  members  the 
public  health  or  safety  requires  the  construction  of  a 
main  sewer  for  the  purpose  of  receiving  and  carrying 
off  the  contents  of  other  sewers  in  said  city,  to  submit 
to  the  people  thereof  a  proposition  to  construct  the 
same.  Such  proposition  shall  state  the  points  between 
which  it  proposes  to  construct  such  main  sewer,  the 
materials  to  be  used  in  its  construction,  the  property 
proposed  to  be  taken  and  appropriated  for  the  pur- 
poses thereof,  and  the  estimated  expense  of  the  same. 

Election  on  The  vote  on  such  proposition  shall  be  taken  at  a 

proposition  J-  -l 

Sa^ewer1  general  or  special  electicn  for  that  purpose ;  the  bal- 
lots cast  thereat  shall  be  indorsed  "sew^r,"  and  shall 
have  on   the  inside  the  words  "for  the  sewer"  or 


Title  XL]  Revised  Charter.  165 

' 'against  the  sewer,"  and  such  election  shall  be  con- 
ducted in  the  manner,  as  nearly  as  may  be  provided 
in  section  two  of  title  ten  of  this  act  in  relation  to  tax 
elections.  Every  person  mentioned  in  said  section, 
and  no  other,  shall  be  a  qualified  voter  at  the  election 
provided  for  by  this  section,  and  the  like  notice  thereof 
shall  be  given.  If  a  majority  of  the  legal  votes  cast 
at  such  election  shall  be  in  favor  of  such  sewer,  but 
not  otherwise,  the  common  council  may  at  any  time 
thereafter  undertake  its  construction,  and  for  that 
purpose  it  shall  have  power  to  raise  by  tax  on  the 
city  at  large  in  each  year  until  such  sewer  shall  be 
be  completed  a  sum  not  to  exceed  ten  thousand 
dollars,  to  be  expended  for  such  construction  and  for 
no  other  purpose.  No  petition  shall  be  required  in 
order  to  authorize  the  construction  of  the  main  sewer 
contemplated  by  this  section. 

§  26.  In  case  it  should,  in  the  opinion  of  the  com-  Right  to 

use  lands 

mon  council,   become  necessary  to   construct  such  not  inline 

J  of  street 

sewer  or  drain  over  or  through  lands  not  within  the  ^Yred.' 
line  of  any  street  or  alley,  and  the  consent  thereto  of 
the  owner  or  owners  can  not  be  obtained,  the  right  to 
use  such  lands  for  such  purpose  shall  be  obtained  and 
the  damages  of  the  owner  or  owners  ascertained  and 
assessed  upon  the  owners  of  lands  benefitted  by  such 
sewer,  in  proportion  to  such  benefits,  and  collected  in 
the  same  manner,  in  all  respects  as  in  case  of  land 
authorized  to  be  taken  for  the  purpose  of  a  street,  as 
provided  for  by  sections  six  and  seven  of  this  title. 

§  27.    Nothing  in  this  title  contained  shall  be  con-  This  tide 

not  to  pre- 

strued  to  prohibit  or  prevent   the   determination,  ventse"le- 

x  7  ment  of  ex- 

liquidation,  settlement  and  payment  of  the  expense  of  J^S^em, 
any  sewer  by  agreement  of  the  common  council  andetc 
property  owners. 

§  28.  A 11  cleaning  and  repairing  of  sewers  shall  be  cleaning, 
clone  at  the  expense  of  the  city  at  large.  sewers. 


166  Laws  of  the  City  of  Cohoes.    [Title  XII. 

Assessment     §  29.  Whenever  an  assessment  is  made  pursuant  to 

upon  farm  m 

lands.  the  provisions  or  this  title,  upon  the  whole  real  estate 
of  the  city,  the  same  rate  one-half  exemption  of  farm 
lands  shall  be  observed,  as  provided  in  the  case  of 
general  city  taxes. 

Chamber-      §  30.  After  any  work,  authorized  by  this  title,  under 

lain  to  pay  <>      -i  •    -i     •      ,      i  •  -i  i 

contractors,  contract,  the  cost  ot  which  is  to  be  paid  by  assessment 

how.  '  *  J 

or  apportionment,  shall  have  been  completed  and 
accepted,  and  the  assessment  and  apportionment  con- 
firmed, as  required  by  law,  and  proof  thereof  shall 
have  been  tiled  with  the  chamberlain,  the  said  cham- 
berlain is  hereby  authorized  and  directed  to  pay  to 
the  contractor  or  his  assigns,  from  time  to  time,  as 
such  assessments  and  apportionments  are  collected, 
with  the  interest  collected  thereon,  the  sum  or  sums 
due  for  the  work  done  under  said  contract. 

sums  to  be     §  31.  All  sums  directed  by  this  title  to  be  raised  by 

raised  by  0  .J  J 

o?edty lax  sPe°iai  tax  upon  the  city  at  large,  shall  be  assessed  on 
se°s^edS"     aU  r€al  and  personal  estate,  as  in  the  case  of  general 
city  taxes,  according  to  the  valuation  of  the  same  in 
the  last  preceding  assessment  rolls  which  shall  have 
been  returned  by  the  assessors  of  said  city. 

TITLE  XII. 

CLAIMS  AND  DEMANDS  AGAINST  THE  CITY. 

Accounts,       Section  1.  Every  account,  claim  and  demand  against 

claims,  etc.,  .  .       -    _ .  -i      -i    •  r? 

how  pre-    the  city,  including  accounts  and  claims  tor  services 

sented. 

rendered  or  moneys  expended  by  any  officers  of  said 
city,  which  would  be  valid  claims  against  a  town,  if 
rendered  or  expended  by  officers  thereof,  shall,  except 
as  otherwise  provided  by  this  act,  be  presented  to  the 
common  council,  itemized  and  in  writing,  and  shall  be 
verified  by  the  affidavit  thereon,  or  thereto  annexed, 
of  the  claimant  or  other  person  to  the  effect  that  the 
services  were  rendered,  the  disbursements  made  or  the 
articles  furnished,  or  otherwise  proving  the  facts 
constituting  the  claim ;  that  no  payment  has  been 


Title  XII.]         Revised  Charter,  167" 

made  thereon,  except  as  stated  therein,  and  that  no 
item  has  been  audited  by  the  common  council.  Such 
account  or  claim  shall  be  thereafter  referred  by  the 
common  council  to  a  standing  committee,  consisting 
of  one  alderman  from  each  ward,  to  be  called  "com-  "Commit- 
mittee  on  auditing  accounts."    Said  committee  shall  auditing  ac- 

counts." 

inquire  into  the  justice  of  such  account  or  claim,  may 
send  for  and  compel  the  attendance  and  production  of 
persons,  books  and  papers,  and  may  examine  the 
claimant  and  others  on  oath  in  relation  thereto.  Said 
committee  shall  report  to  the  common  council  favora- 
bly or  unfavorably,  in  whole  or  in  part,  all  accounts 
referred  to  it,  and,  if  unfavorably,  give  its  reasons 
therefor,  and  the  common  council  shall  then  pass 
upon  the  same  as  a  board  of  auditors,  and  for  that 
purpose  shall  possess  the  powers  and  be  subject  to  the 
duties  of  town  auditors.  The  account,  claim  or  Accounts, 
demand  shall  be  numbered  and  filed  by  the  clerk,  numbered, 

J  7  etc. 

and  a  brief  entry  of  the  name  of  the  claimant,  number, 
nature  and  amount  of  the  claim,  the  date  ot  audit  and 
the  amount  allowed  thereon,  shall  be  made  by  him  in 
a  book  provided  with  appropriate  columns,  to  be  kept 
by  him  for  the  purpose.  The  common  council  shall  ^Trawn, 
direct  a  warrant  to  be  drawn  on  the  chamberlain  foretc 
the  amount  of  said  claim  or  portion  thereof  allowed 
by  it.  Such  warrant  shall  specify  the  registered  num- 
ber of  such  claim,  the  fund  out  of  which,  and  the  per- 
son to  whom,  it  is  to  be  paid,  and  the  date  of  the 
resolution  directing  the  drawing  of  the  same  in  default 
of  which  the  chamberlain  shall  refuse  to  pay  such 
warrant,  and  no  claim  shall  be  audited  by  the  common 
council,  except  in  the  manner  specified  in  this  section. 
In  case  the  common  council  shall  disallow  any  claim, 
or  allow  but  a  part  thereof,  its  decision  shall  be  a  bar 
to  the  claim  disallowed,  or  the  part  not  allowed, 
unless  an  action  shall  be  commenced  against  the  city 
thereon  within  six  months  from  the  time  the  same 
was  audited.    And  no  action  against  the  city  on  a 


168 


Laws  of  the  City  of  Co  hoes. 


[Title  XIII. 


Action      contract,  obligation  or  liability,  express  or  implied, 

against  city  .  . 

to  be  com-  snail  be  commenced,  except  within  one  year  alter  tne 

menced  7  L  ^ 

within  one  cause  Gf  such  action  shall  have  accrued. 

year. 

Note:— The  limitation  mentioned  in  the  last  section  does  not  include  actions  for 
torts,  and  so  does  not  apply  to  claims  for  damages  for  negligence. 
See  McGaffin  vs.  City  of  Cohoes,  74  N.  V.,  387. 

Costs  will  not  be  awarded  plaintiff  in  action  to  recover  money  judgment  unless 
claim  is  presented  to  auditing  board  or  chief  fiscal  officer,  at  least  ten  days  before 
commencement  of  action. 

See  §  3245,  Code  Civil  Procedure. 

be°withm  to  §  2-  No  claim  against  the  city  which  has  been  pre- 
drawn from  sented  to  the  common  council  to  be  audited  shall  be 
withdrawn  from  the  tile,  and  it'  the  clerk  knowingly 
suffers  the  same  to  be  done  the  common  council  may 
impose  upon  him  a  fine  not  to  exceed  twenty-five 
dollars. 

costs  §  3.  No  costs  shall  be  recovered  against  the  city  in 

against  " 

city  any  action  brought  against  it  for  any  unliquidated 
claim  which  has  not  been  presented  to  the  common 
council  to  be  audited.  Nor  shall  costs  be  recovered 
against  the  city  in  any  action  upon  any  unliquidated 
claim  which  shall  have  been  allowed  in  part  by  the 
common  council  unless  the  recovery  shall  be  for  a 
greater  sum  than  the  amount  allowed  by  the  common 
council,  with  the  interest  thereon  from  the  time  it  was 
allowed. 

Note: — As  to  mode  of  service  of  summons  on  city,  see  §  431,  Code  Civil  Procedure. 
As  to  form  of  venire  when  action  is  between  two  cities,  see  §,  2992,  Id. 
As  to  costs  in  action,  etc.,  in  name" of  the  people  of  the  state  for  benefit  of  the  city, 
see  §  3243,  Id. 

TITLE  XIII. 

MISCELLANEOUS  PROVISIONS. 

city  re-        Section  1.  The  city  of  Cohoes  shall  be  regarded  as 
fowndfoarS  a  a  town,  under  the  provisions  of  article  second  of  title 
jurors.0     third  of  chapter  tenth  of  the  Code  of  Civil  Procedure, 
respecting  the  return  of  jurors;  and  the  supervisors 
and  city  clerk  shall  perform  the  duties  therein  enjoined 
upon  the  supervisor,  town  clerk  and  assessors  of  the 


Title  XIII. ]  Revised  Charter.  igg 

several  towns.    A  duplicate  list  of  the  jurors  returned 
by  them,  shall  be  tiled  with  the  city  clerk. 

§  2.  Each  ward  of  the  said  city  shall  be  regarded  aS  Each  ward 
a  town,  under  the  fourth  article  of  the  fourth  title  of  E ?5? as 
the  eleventh  chapter  of  the  first  part  of  the  Revised  p^p^es. 
Statutes;  and  the  supervisors  and  aldermen  of  each 
ward  shall  be  fence  viewers,  and  shall  possess  all  the 
powers  and  authority  in  respect  to  division  fences  in 
their  respective  wards,  which  are  given  by  the  said 
article  to  town  fence  viewers  with  respect  to  division 
fences. 

NoTEr-Concerning  the  duties,  powers  and  compensation  of  fence  viewers,  see  §§ 
124-131  of  the  town  law  (Chapter  533,  Laws  of  1830.) 

§  3.  Any  taxes,  assessments  or  indebtedness  d  Ue  Or  Indebted- 
owing  to  the  city  of  Cohoes,  unpaid  or  uncollected  at£^°^ 
the  time  when  this  act  takes  effect,  shall  be  collected 
and  enforced  by  the  chamberlain  of  said  city,  and  said 
chamberlain  for  that  purpose,  is  hereby  invested  with 
full  power  and  authority  to  collect  and  enforce  the 
same  under  and  pursuant  to  the  provisions  of  this  act 
for  the  collection  and  enforcement  of  taxes  or  unpaid 
taxes,  or  under  and  pursuant  to  existing  provisions  of 
law.  All  sums  so  collected  shall  be  applied  to  the 
purposes  for  which  they  were  applicable  at  the  time 
of  the  passage  of  this  act. 

§  4.  All  persons  at  the  time  of  the  passage  of  this  Persons  in 
act  holding  office  in  the  city  of  Cohoes,  whether S!«3£?d 
elected  or  appointed  thereto,  shall  continue  to  hold^£^m 
their  respective  offices  until  the  expiration  of  the  time^^ 
for  which  they  were  elected  or  appointed,  except  as 
herein  otherwise  provided;  and  all  provisions  of  this 
act  ^  defining  and  regulating  the  rights,  powers  and 
duties  of  all  such  persons  and  of  the  several  boards 
and  departments  of  said  city,  shall  apply  to  and  regu- 
late the  rights,  powers  and  duties  of  the  same  after 
the  passage  of  this  act,  and  the  rights,  powers  and 
duties  of  all  persons  who  may  hereafter  be  elected  or 
appointed  to  office  in  pursuance  of  any  of  the  provisions 
of  this  act. 


170  Laws  of  the  City  of  Cohoes.    [Title  XIII. 

no  disquai-     ft  5.         person  shall  be  an   incompetent  judge, 

ification  for       o  x  _ 

Senses  .recorder,  justice  or  juror  by  reason  of  his  being  an 
inhabitant  of  said  city,  or  liable  to  taxation  therein, 
in  any  action  or  proceeding  in  which  said  city  is  a 
party,  or  interested. 

ordinances     ft  6.  All  ordinances  and  by-laws  heretofore  passed 

continued  ■  . 

in  force,  by  the  common  council  of  said  city,  or  by  any  board 
thereof,  and  not  inconsistent  with  this  actor  with  law, 
shall  continue  in  full  force  and  effect  until  amended  or 
repealed,  as  the  same  were  in  force  and  effect  at  the 
date  of  the  passage  of  this  act. 

-person"       ft  7   The  word  "person"  as  used  in  this  act,  shall  be 

defined.  "  x 

construed  to  include  all  persons,  firms,  companies, 
corporations  and  associations. 

Expense  of     o  g   The  common  council  is  hereby  authorized  and 

preparing  cf 

how  de-     instructed  to  audit  and  allow  as  a  contingent  expense, 
frayed'      such  sum  as  may  be  necessary  to  defray  the  reasonable 
and  proper  expenses  of  preparing  this  act  for  presen- 
tation to  the  legislature. 
This  act  a      fto   This  act  is  hereby  declared  a  public  act  and 

public  act.         «  "  i/2-l 

shall  be  construed  favorably  for  every  beneficial  pur- 
pose therein  contained. 

Effect  of  §  10.  From  and  after  the  passage  of  this  act,  all  acts 
uponothers and  parts  of  acts  inconsistent  with  and  repugnant  to 
the  provisions  of  this  act  are  hereby  repealed ;  but 
such  repeal  shall  not  revive  any  act  or  part  thereof 
heretofore  repealed,  and  nothing  herein  contained 
shall  be  so  construed  as  to  destroy,  impair  or  take 
away  any  right  or  remedy  acquired  by  any  act  hereby 
repealed ;  and  all  proceedings  commenced  under  such 
acts  may  be  carried  out  as  though  this  act  had  not 
been  .passed,  except  as  herein  otherwise  provided. 

Fiscal  year    §  ll.  The  fiscal  year  shall  terminate  on  the  third 
o" accounts.  Tuesday  in  November  in  each  year,  and  no  accounts, 
claims  or  demands  shall  be  audited  by  the  common 


Title  XIII. J  Revised  Charter.  171 

council  between  that  time  and  the  first  Tuesday  after 
the  first  Monday  of  January  next.    At  the  close  of  the 
fiscal  year  and  at  least  one  week  preceding  said  annual 
meeting,  the  common  council  shall  cause  to  be  pre- 
pared and  have  then  published  a  full  and  true  state-  Annual 
ment  setting  forth  the  amount  of  taxes  and  assessments  KSn 
levied  and  assessed  under  this  act  during  such  fiscal  C°UnClL 
year,  and  the  purposes  for  which  the  same  were  levied 
and  assessed ;  the  balance  in  the  treasury  at  the  com- 
mencement of  the  fiscal  year,  and  to  what  funds 
belonging;  the  amount   collected  in  the  annual  tax 
roll  and  on  each  assessment  roll  during  such  year, 
and  for  what  purpose ;  the  receipts  from  all  other 
sources,  in  items,  so  far  as  practicable ;  also  the  dis- 
bursements in  items,  and  from  what  funds  made,  with 
the  name  of  every  person  who  shall  have  presented 
any  claim  against  the  city  which  shall  have  been 
allowed  by  the  common  council  or  any  board  of  said 
city  with  the  amount  claimed  and  allowed  and  the 
balance  in  the  treasury  at  the  end  of  the  fiscal  year, 
and  to  what  funds  belonging.    Said  statement  shall 
be  verified  by  the  clerk  of  the  city  as  true  and  correct 
in  every  respect,    With  said  statement  shall  be  in-  Reports  of 
eluded  and  published  the  reports  required  by  the^^t- 
provisions  of  this  act  of  the  several  boards,  depart-  ^i"ded.be 
ments  and  officers  of  said  city. 

(As  amended  by  §  9,  Chapter  625,  Laws  of  1901. 
Previously  amended  by  Chapter  604,  Laws  of  1893, 
and  Chapter  252,  Laws  of  1895.) 


CHAPTER  183,  LAWS  OF  1881. 


An  Act  to  amend  title  three  of  chapter  nine  hundred 
and  twelve  of  the  laws  of  eighteen  hundred  and 
sixty-nine,  entitled  "An  act  to  incorporate  the 
city  of  Cohoes." 

Passed  May  2,  1881  ;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Title  three  of  chapter  nine  hundred  and 
twelve  of  the  laws  of  eighteen  hundred  and  sixty-nine, 
entitled  "An  act  to  incorporate  the  city  of  Cohoes," 
is  hereby  amended  by  adding  thereto  a  new  section, 
to  be  known  as  number  twenty-eight,  and  to  read  as 
follows : 

Liability       ft  28   The  city  of  Cohoes  shall  not  be  liable  for  the 

of  city  «  ^ 

limited.  damage  or  injury  sustained  by  any  person  m  conse- 
quence of  any  street,  highway,  bridge,  culvert,  side- 
walk or  crosswalk  in  said  city  being  out  or  repair, 
unsafe,  dangerous  or  obstructed  by  snow,  ice  or  other- 
wise, or  in  any  way  or  manner,  unless  actual  notice 
of  the  defective,  unsafe,  dangerous  or  obstructed  con- 
dition of  said  street,  highway,  bridge,  culvert,  side- 
walk or  crosswalk  shall  have  been  given  to  the  com- 
mon council  of  said  city,  or  the  superintendent  of 
streets  and  public  grounds  of  said  city  at  least  twenty- 

172 


cil. 


Chapter  183,  Laws  of  1881.  173 
four  hours  previous  to  such  damage  or  injury  Allclaimsto 

...  °  v      v  be  presen 

cJaims  against  the  city  for  damage  or  injury  alleged  mon°coOIn 
to  have  arisen  from  the  defective,  unsafe,  dangerous 
or  obstructed  condition  of  any  street,  highway,  bridge, 
culvert,  sidewalk  or  crosswalk  of  or  in  said  city,  or 
from  negligence  of  the  city  authorities  in  respect  to 
any  such  street,  highway,  bridge,  culvert,  sidewalk, 
or  crosswalk,  shall,  within  three  months  after  the 
happening  of  such  damage  or  injury,  be  presented  to 
the  common  council  of  said  city  by  a  writing,  signed 
by  the  claimant  and  properly  verified,  describing  the 
time,  place,  cause  and  extent  of  the  damage  or  injury. 
The  omission  to  present  such  claim  as  aforesaid  within 
said  three  months  shall  be  a  bar  to  any  action  or  pro- 
ceeding therefor  against  the  city.  No  action  for  such 
damages  or  injury  shall  be  maintained  unless  com- 
menced within  one  year  from  the  happening  of  the 
same.  Every  process  commencing  an  action  against 
said  city  shall  be  served  either  on  the  mayor  or  cham- 
berlain of  said  city,  and  not  otherwise. 

§  2.  This  act  shall  take  effect  immediately. 

Note:  This  section  amending-  the  former  charter  was  originally  included  in  the 
bill  for  the  revision  of  1892,  but  was  stricken  out  in  the  legislature.  As  it  is  not  incon- 
sistent with  the  revised  provisions,  it  is  not,  however,  repealed. 

For  construction  of  the  provisions  of  the  foregoing  act,  see  McNally  vs.  the  Citv  of 
Cohoes,  127  N.  Y.,  350. 

For  the  effect  of  Chapter  625,  Laws  of  1901,  on  terms  of  officers  in  office  at  its  passaee 
see  §  10  of  that  chapter. 


Limitation 
of  action 
thereon. 


CHAPTER  696,  LAWS  OF  1900. 


An  Act  concerning  the  settlement  and  collection  of 
arrearages  of  unpaid  taxes  and  assessments  in  the 
city  of  Cohoes,  levied  or  assessed  by  the  board  of 
supervisors  of  the  county  of  Albany,  and  impos- 
ing and  levying  a  tax,  assessment  and  lien  in  lieu 
and  instead  of  such  arrearages,  and  to  enforce  the 
payment  thereof,  and  to  repeal  chapter  two  hun- 
dred and  seventy -four  of  the  laws  of  eighteen 
hundred  and  ninety-six. 

Accepted  by  the  city. 
Became  a  law  April  30,  1900,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

TTie  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Examina-  Section  1.  The  assessors  of  the  city  of  Cohoes  shall 
justment  of  have  power  and  jurisdiction,  and  they  are  hereby 

arrearages  x  ™ 

oftaxes,  directed  and  required  in  all  cases  where  any  tax  or 
assessment  levied  or  imposed,  or  attempted  to  be 
levied  or  imposed  by  the  board  of  supervisors  of  the 
county  of  Albany,  on  any  land  in  said  city  of  Cohoes 
prior  to  the  thirty -first  day  of  December,  eighteen 
hundred  and  ninety-seven,  remains  unpaid  and  in 
arrears,  to  examine  into  and  fix,  adjust  and  determine 
as  to  each  parcel  of  land,  how  much  of  said  arrearages 
ought,  in  the  way  of  tax,  or  assessment  in  fairness 
and  justice,  to  be  laid,  assessed  and  charged  against 
and  actually  collected  from  said  land,  by  reason  of 
any  and  all   the   matters   and   things   covered  or 

174 


Chapter  696,  Laws  of  1900.  j. 
attempted  or  intended  to  be  covered,  or   done  or 
attempted  or  intended  to  be  done  in  the  laying  and 
assessing  the  said  taxes  or  assessments,  so  in  arrears 
as  aforesaid,  and  the  said  assessors  in  dealing  with 
said  arrearages,  as  matters  of  fact,  according  to  their 
judgment,  of  what  shall  be  fair  and  just  as  herein- 
before directed,  shall  treat  the  same  without  regard  to 
any  supposed  want  of  jurisdiction,  irregularity  or 
defect  in  any  of  the  proceedings  had  for  the  levying, 
imposing  or  confirming  any  of  said  taxes  or  assess- 
-ments  so  in  arrears.    The  said  assessors  shall,  within  Public** 
twenty  days  after  the  passage  of  this  act,  publish  in  owners, 
the  official  newspaper  of  said  city,  a  general  notice 
requiring  the  owner  or  owners  of  any  land  in  said  city 
affected  by  any  arrearages  of  said  taxes  or  assessments, 
and  all  other  persons  having  any  interest  in  or  lien 
upon  said  lands,  to  present  in  writing  to  said  assessors 
as  hereinafter  provided,  within  sixty  days  after  the 
passage  of  this  act,  their  objections  to  any  tax  or 
assessment  so  in  arrears,  and  any  reason  why  any  part 
of  such  arrearages  should  be  reduced  or  remitted. 
Such  notice  shall  be  signed  by  the  said  assessors  or  a 
majority  of  them,  and  shall  be  published  at  least 
three  times  in  each  week,  for  four  weeks  next  succeed- 
ing the  first  publication  thereof.    It  shall  be  the  duty  service  of 
of  such  owners  or  persons  having  any  interest  in  ora?dte^- 
lien  on  said  lands  affected  by  said  arrearages  andU°ns' 
making  such  objections  to  serve  upon  the  chairman 
hereinafter  provided  for,  within  the  time  specified  in 
said  notice,  a  brief  and  concise  statement  of  such 
objections  to  said  arrearages  and  their  reasons  why 
the  same  or  any  part  thereof  should  be  reduced  or 
remitted,  and  to  serve  a  duplicate  copy  of  said  state- 
ment on  the  city  attorney  of  the  city  of  Cohoes  within 
the  time  aforesaid.    Any  person  who  shall  file  andHearins 
serve  such  statement  and  objections  within  the  time 
aforesaid,  shall  be  heard  before  said  assessors  in  person 
or  by  counsel,  if  he  demand  such  hearing,  in  a  notice 


176  Laws  of  the  City  of  Cohoes. 

indorsed  on  and  filed  with  such  statement,  which 
notice  shall  designate  the  name  and  place  of  business 
or  residence  within  the  city  of  Cohoes,  of  a  person 
upon  whom  notice  of  such  hearing  may  be  served,  and 
such  notice  of  hearing  may  be  served  by  the  clerk, 
hereinafter  provided  for,  on  the  person  designated, 
personally,  or  by  letter  or  postal  card,  addressed  to 
such  person  at  the  place  so  designated,  and  deposited 
in  the  post  office  in  said  city,  and  an  affidavit  of  such 
service  by  the  said  clerk,  when  filed  in  the  office  of 
the  clerk  of  the  city  of  Cohoes,  shall  become  a  public 
record,  and  shall  be  prima  facie  evidence  in  all  courts 
and  places  of  the  facts  therein  stated.  The  said 
powers  of  assessors,  whenever  they  think  it  necessary,  shall  have 

assessors.  . 

power  to  call  before  them  and  to  examine  witnesses 
under  oath,  in  relation  to  all  matters  concerning  taxes 
or  assessments,  and  it  shall  be  the  duty  of  the  said 
city  attorney  to  assist  them  in  any  examination  they 
may  make,  and  in  the  performance  of  their  duties 
generally.  A  majority  of  said  assessors  shall  consti- 
tute a  quorum  for  the  hearing  of  any  objections  or 
other  matters  brought  before  them,  and  shall  concur 
in  the  fixing  of  the  amount  to  be  charged  upon  and 
against  any  parcel  of  land  as  aforesaid.  Any  of  said 
assessors  may  administer  oaths  or  take  the  affidavit  or 
deposition  of  any  person  to  be  used  before  them. 
Arrears  of  The  amount  of  all  said  taxes  or  assessments,  for  which 
which  ceni-  certificates  of  sale  have  been  given  to  and  are  held  by 

ficates  are 

held  by  city,  the  city  of  Cohoes,  shall  be  deemed  to  be  m  arrears 
within  the  meaning  of  this  section,  and  to  have  been 
so  in  arrears  from  the  date  when  said  taxes  or  assess- 
ments were  levied  or  confirmed,  or  attempted  to  be 
levied  or  confirmed. 

Record  of      §  2.  The  said  assessors  shall  keep  a  record  of  their 
proceedmgs  proceedings  under  this  act,  in  which  shall  be  entered 
their  determination  as  to  the  amount  to  be  charged 
and  assessed  upon  and  against  each  and  every  parcel 


Chapter  696,  Laws  of  1900.  177 

of  land  as  aforesaid,  which  record  shall  be  filed  in  the 
office  of  the  clerk  of  the  said  city  within  ten  days 
after  the  filing  of  the  certificate  with  the  chamberlain 
in  this  section  provided  for ;  and  shall,  in  one  certifi-  certificate 

,  ,         .  of  amount 

cate  certify,  under  the  signatures  of  a  majority  of  said^sed 
assessors,  the  said  amount  to  the  chamberlain  of  said 
city ;  designating  each  piece  or  parcel,  by  the  lot  num- 
ber on  some  map  or  maps  of  which  a  copy  shall  then 
be  on  file  in  the  office  of  said  clerk,  and  designating 
said  map,  and  their  determination,  as  aforesaid  in 
respect  thereof ,  shall  be  final  and  conclusive  upon  all 
persons  owning  or  having  any  interest  in  or  lien  upon 
said  lands  and  against  all  persons  whomsoever,  and 
the  amount  so  fixed,  determined  and  certified  by  them  Amount  fix- 
in  each  case,  shall  thereupon  become  and  be  a  valid  and  HenSauPond 
binding  tax,  assessment  and  lien  on  the  lands  so  * 
designated  in  lieu  and  instead  of  all  outstanding 
claims  for  arrearages  of  said  taxes  or  assessments  levied 
or  confirmed  or  attempted  to  be  levied  or  confirmed, 
prior  to  the  said  thirty-  first  day  of  December,  eigh- 
teen hundred  and  ninety-seven,  and  liens,  claims  or 
demands  whatsoever,  except  liens  in  favor  of  the 
United  States  and  taxes,  assessments  or  water  rents 
levied  or  assessed  after  the  thirty-first  day  of  Decem- 
ber, eighteen  hundred  and  ninety-seven,  and  the  pro-  Disposition 
ceeds  thereof  when  collected,  shall  be  deposited  by of proceeds- 
chamberlain  of  said  city  of  Cohoes,  to  the  credit  of 
the  contingent  fund  of  the  common  council  of  said 
city,  from  which  shall  be  paid  by  said  common  council 
the  indebtedness  of  the  city  of  Cohoes  to  the  county 
of  Albany,  by  reason  of  all  unpaid  taxes  or-  assess- 
ments levied  or  imposed  by  the  board  of  supervisors 
of  said  county,  prior  to  December  thirty-first,  eighteen 
hundred  and  ninety-seven ;  or  the  payment  of  such  of 
the  general  indebtedness  of  said  city,  as  the  common 
council  thereof  shall  designate. 


178  Laws  of  the  City  of  Cohoes. 

Collection      §  3.  Upon  the  delivery  to  the  said  chamberlain  by 
assessment,  said  assessors  of  their  said  certificate,  the  amount  of 
said  tax,  assessment  and  lien  so  fixed  and  certified  in 
respect  of  each  and  every  parcel  included  in  said  cer- 
tificate shall  become  due  and  payable,  and  shall  be 
collected  by  said  chamberlain  without  interest,  if  the 
same  be  paid  within  thirty  days  after  the  filing  of 
such  certificate  with  him,  and  if  not  so  paid,  with 
interest  at  the  rate  of  ten  per  centum,  and  if  not  so 
paid  within  three  months  from  the  filing  of  such  cer- 
tificate, with  interest  at  the  rate  of  fifteen  per  centum. 
Section.  Upon  the  receipt  of  such  certificate  as  aforesaid,  the 
said  chamberlain  shall  forthwith  give  notice  in  the 
official  newspaper  of  said  city  that  he  has  received 
said  certificate,  and  will  collect  the  several  amounts 
therein  stated,  with  the  interest  hereinbefore  provided 
for.    The  said  chamberlain  shall  not  be  required  to 
make  any  demand  for  the  payment  of  said  taxes, 
Account  of  assessment  and  lien,  and  after  the  expiration  of  six 
tinxpeasldetc.  months  from  the  filing  of  said  certificate  the  said 
chamberlain  shall  make  and  prepare  an  account  of  the 
amount  of   said   tax,  assessment   and   lien  therein 
certified,  in  respect  of  each  and  any  parcel  of  land 
which  shall  not  have  been  collected  or  paid,  and 
deliver  such  account  to  the  common  council  of  said 
city,  to  be  filed  with  the  clerk  thereof. 

Publication  §  4.  Upon  the  receipt  of  said  certificate  and  account 
statement  0f  said  chamberlain  of  such  unpaid  taxes,  assessment 

of  unpaid  .  . 

taxes,  etc.  an^  the  common  council  of  said  city  shall  begin 
the  publication,  in  one  or  more  city  papers,  of  a  state- 
ment of  the  amount  of  such  tax,  assessment  and  lien 
that  remains  unpaid  as  to  each  and  every  parcel  of 
land,  and  it  shall  not  be  necessary  in  the  said  list  nor 
in  the  said  account  or  certificate  of  the  chamberlain, 
nor  in  the  certificate  hereinafter  directed  to  be  filed 
with  the  city  attorney,  to  state  the  name  of  the  owner 
of  the  premises  affected,  nor  to  describe  the  premises 


Chapter  696,  Laws  of  1900.  179 

affected  otherwise  than  as  provided  by  section  two  of 
this  act  as  to  the  certificate  of  said  assessors.  The 
common  council  shall  continue  such  publication  twice 
in  each  week  for  three  successive  weeks,  and  the 
expense  of  such  publication  shall  not  exceed  one 
dollar  for  each  piece  of  land  therein  designated.  There 
shall  be  added  to  said  tax,  assessment  and  lien  on 
each  parcel  designated  in  said  publication  and  collected 
from  the  person  paying  the  same  the  expense  of  the 
publication  of  such  parcel.  Affidavits  of  the  publi-  oV^ubHcl 
cation  of  all  notices  and  all  other  matter  required  to  tion- 
be  published  by  the  provisions  of  this  act,  made  by 
some  one  of  the  respective  publishers  of  each  of  said 
newspapers,  or  by  some  person  in  the  employ  of  such 
publishers  having  cognizance  of  such  publication  may 
be  filed  in  the  office  of  the  clerk  of  said  city,  and  shall 
thereupon  become  public  records,  and  shall  be  prima 
facie  evidence  in  all  courts  and  places  on  the  matters 
stated  in  such  affidavits. 

§  5.    At  the  expiration  of  six  months  from  the  certificate 
completion  of  the  last  mentioned  publication  the  said  t^sfS., 
chamberlain  shall  certify  in  one  certificate  to  the  city  attorney, 
attorney  of  said  city  of  Cohoes  the  amount  of  such 
tax,  assessment  and  lien  in  respect  of  each  and  every 
parcel  of  land  which  shall  not  then  have  been  col- 
lected or  paid-  and  such  certificate  shall  be  counter- 
signed by  the  mayor  and  clerk  of  said  city,  respect- 
ively, and  when  so  countersigned  shall  be  presumptive 
evidence  of  the  regularity  of  all  the  proceedings 
required  by  the  provisions  of  this  title;  to  be  taken 
before  delivery  of  the  account  and  certificate  to  the 
said  city  attorney.     The  said  attorney,  upon  the  Action  for 
receipt  of  such  certificate,  properly  countersigned^^nTnd 
shall  forthwith  bring  an  action  in  any  court  having" 
jurisdiction  in  an  action  for  the  foreclosure   of  a 
mortgage  of  a  like  amount  upon  lands  situate  in  said 
county,  and  against  the  owners  and  mortgagees  of  the 


sale  of 
lands. 


180 


Laws  of  the  City  of  Cohoes. 


lands  affected  by  such  tax,  assessment  and  lien,  and 
all  persons  having  a  specified  lien  or  incumbrance 
thereon,  as  shall  appear  by  the  records  of  the  office  of 
the  clerk  of  Albany  county,  for  the  foreclosure  of  the 
lien  of  said  tax  and  assessment  described  in  said  cer- 
tificate, and  said  court  shall  have  jurisdiction  in  said 
action,  and  in  default  of  payment  of  said  tax,  assess- 
ment and  lien  within  such  time  as  may  be  fixed  by 
the  court  for  the  payment  of  the  same,  may  order  and 
enter  a  judgment  for  the  foreclosure  of  said  lien,  and 
may  direct  the  sale  of  the  premises  for  the  payment 
of  said  tax,  assessment  and  lien  and  the  interest 
thereon  and  the  expense  of  the  publication  heretofore 
directed  and  the  costs  of  said  action.  The  order 
aforesaid  fixing  the  time  within  which  said  tax,  assess- 
ment and  lien  shall  be  paid  shall  be  entered  in  the 
office  of  the  clerk  of  the  county  of  Albany,  and  a  copy 
thereof  served  upon  such  persons  as  appear  in  said 
iPnr°bCind"  acti°n>  or  their  attorneys.  The  course  of  proceedings 
action.  jn  saj(^.  action  down  to  and  including  the  sale  and 
confirmation  thereof  shall  be  analogous  to  those  in  an 
action  for  the  foreclosure  of  a  mortgage  on  real  prop- 
erty, and  shall  conform  to  the  procedure  and  rules  of 
court  prescribed  therefor,  except  as  herein  otherwise 
provided.  All  actions  brought  in  pursuance  of  this 
section,  and  all  proceedings  and  appeals  therein,  shall 
have  a  preference  in  all  courts  in  the  same  class  and 
with  the  same  effect  as  in  actions  in  which  executors 
or  administrators  are  sole  plaintiffs  or  sole  defendants. 
All  persons  having  any  lien  upon  or  interest  or  estate 
in  said  property,  and  any  person  entitled  to  redeem 
the  same  for  such  unpaid  tax,  assessment  or  lien,  and 
all  parties  defendant  in  said  action,  and  all  parties 
defendant  duly  served  with  process,  shall  be  barred 
and  foreclosed  of  and  from  any  lien  upon  or  interest 
or  estate  in  said  property  by  the  sale  of  the  property 
under  the  judgment  in  such  action. 


Chapter  696,  Laws  of  1900.  181 

§  6.  The  city  shall  be  entitled  to  recover  the  neceS-  Costs  and 
sary  actual  disbursements  made  in  each  action,  and nJen?sSe" 
costs  as  herein  provided.    When  judgment  is  taken 
by  default  the  costs  taxed  shaJl  not  exceed  ten  dollars, 
except  where  the  amount  shown  to  be  due  by  said 
certificate,    including  interest,    shall   exceed  fifty 
dollars,  in  which  case  th.p  costs  taxed  shall  not  exceed 
the  sum  of  twenty-dollars.    Where  the  action,  how- 
ever, is  settled  before  judgment,  there  shall  be  allowed 
as  costs  to  the  city,  only  one-half  of  the  above  pre- 
scribed sums.    When  the  owner  of  the  fee  of  the 
property  shall  interpose  an  unsuccessful  defense  to 
the  claims  of  the  city,  the  same  costs  may  be  awarded 
to  the  city  as  would  be  allowed  in  a  similar  action  to 
foreclose  a  mortgage,  except  that  no  percentage  shall 
be  allowed.    When  any  other  party  defendant  shall 
interpose  an  unsuccessful  defense,  the  same  costs  as 
against  the  owner  of  the  fee  may  be  allowed,  and  a 
personal  judgment   may   be   entered   against  such 
defendant.    When  any  party  defendant  shall  success- 
fully interpose  a  defense  to  the  claim  of  the  city,  he 
may  be  awarded  the  same  costs  as  would  be  allowed 
him  in  a  similar  action  to  foreclose  a  mortgage  on  real 
property,  and  judgment  therefore  shall  be  entered 
against  the  city.    When  judgment  of  foreclosure  and gj|j8of 
sale  shall  be  ordered  in  such  action,  it  shall  direct  the 
chamberlain  or  the  clerk  of  said  city  to  act  as  officer 
to  make  the  sale,  but  he  shall  not  be  entitled  to  any 
fees  for  such  service.    On  every  such  sale  the  city 
attorney  shall  bid  for  the  city  the  amount  of  the 
judgment,  together  with  the  interest  thereon  and  the 
expenses  of  the  sale,  and  if  no  further  bid  is  received 
the  property  shall  be  sold  to  the  city  of  Cohoes.  The 
sale  shall  be  made  subject  to  all  city  taxes,  assess- 
ments or  water  rents  levied  or  imposed  after  Decem- 
ber thirty -first,  eighteen  hundred  and  ninety-four, 
and  all  state  and  county  taxes  levied  or  imposed  after 


182  Laws  of  the  City  of  Cohoes. 

December  thirty-first,  eighteen  hundred  and  ninety- 
seven,  and  liens  in  favor  of  the  United  States  which 
are  a  lien  at  the  date  of  the  sale.  The  lien  of  all  state 
and  county  taxes,  or  assessments  levied,  on  lands  so 
sold  prior  to  the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  shall  be  extinguished 
Title  of  thereby.  The  title  of  the  purchaser  upon  said  sale 
purchaser.  ^  ^  ^  be  defeated  by  reason  of  any  irregu- 

larity or  formal  defect  in  the  procedure  taken  under 
this  act  for  the  imposition  or  levying  of  said  tax, 
assessment  or  lien. 

payment  of     a  7    At  anv  time  after  such  tax  or  assessment  has 

tax  before  c  J 

owaneSraleby  oecome  a  lien  uPon  any  parcel  or  land,  and  before  the 
mortgagee,  £naj  gale  uncter  tne  judgment  of  foreclosure,  the  owner 
of  the  fee  of  the  property,  or  any  person  having  a  lien 
by  mortgage  or  judgment  thereon,  may  pay  said  tax 
or  assessment,  with  the  interest,  costs  and  expenses 
thereon,  to  the  officer  of  the  city  having  the  same  for- 
Assignment  collection,  and  thereupon  an  assignment  of  said  tax 
and  assessment  shall  be  executed  to  said  person,  if  a 
mortgagee  or  judgment  creditor,  and  he  may  add  the 
amount  so  paid  to  his  lien,  and  enforce  the  same  with 
doenebyP"    interest  as  a  part  thereof.    In  case  of  two  or  more 
mortgagee.  mortgage  or  judgment  liens  upon  the  same  property, 
the  holder  of  the  prior  mortgage  or  judgment  shall 
have  the  right  within  the  time  aforesaid  to  redeem  the 
premises  from  such  tax  or  assessment  if  an  assignment 
thereof  shall  be  held  by  the  holder  of  a  subsequent 
mortgage  or  judgment. 

chairman  §  8.  The  said  assessors  are  hereby  authorized, 
ofassessors.  ^.^^  and  reqUired  to  appoint  one  of  their  number 

as  chairman,  and  to  file  with  the  clerk  of  said  city  of 
Cohoes,  within  ten  days  after  the  passage  of  this  act, 
a  certificate  of  such  appointment,  signed  by  a  majority 
of  them.  At  the  time  of  the  filing  of  such  certificate 
of  appointment  as  aforesaid,  the  person  so  appointed 


Chapter  696,  Laws  of  1900.  183 
shall  file  with  said  clerk  of  the  city  of  Cohoes  a  state- 
ment of  his  place  of  residence  or  business  in  said  city 
of  Cohoes,  where  all  notices  and  papers  required  by 
this  act  to  be  hied  with  his  or  with  said  assessors  may 
be  served  upon  him,  and  all  notices  and  papers  pro- 
vided by  this  act  to  be  served  on  said  assessors,  if  so 
served  upon  said  chairman,  shall  be  deemed  to  be 
served  upon  said  assessors.  Said  assessors  are  alsocierk. 
authorized,  directed  and  required  to  appoint  one  of 
their  number  as  clerk,  and  file  a  like  certificate  with 
the  clerk  of  the  city  of  Cohoes.  • 

§  10.  Chapter  two  hundred  and  seventy-four  of  the  Repeal, 
laws  of  eighteen  hundred  and  ninety-six  is  hereby 
repealed. 


§  11.  This  act  shall  take  immediately. 


CHAPTER  883,  LAWS  OF  1896. 


An  Act  to  authorize  the  appointment  of 'an  additional 
assistant  district  attorney  for  Albany  county. 

Became  a  law  May  26,   with  the  approval  of  the  Governor.     Passed,  a 
majority  being'present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Appoint-  Section  1.  The  district  attorney  of  the  county  of 
additional  Albany  is  hereby  authorized  to  appoint  an  additional 
attSoSrneny.  assistant  district  attorney  for  said  county,  who  shall 
be  a  resident  attorney  of  the  city  of  Cohoes,  and 
receive  an  annual  salary  of  twelve  hundred  dollars, 
to  be  paid  in  the  same  manner  as  the  salary  of  the 
present  assistant  district  attorney  of  said  county. 

'§  2.  This  act  shall  take  effect  immediately. 


improve- 
ment com- 
missioners. 


CHAPTER  227,  LAWS  OF  1898. 

An  Act  to  create  a  public  improvement  commission 
in  and  for  the  city  of  Cohoes,  and  define  its 
powers  and  duties. 

Accepted  by  the  city. 
Became  a  law  April  12,  1898,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Within  twenty  days  after  the  passage  Public 
of  this  act  the  mayor  of  the  city  of  Cohoes  shal],  with = 
the  advice  and  consent  of  two-thirds  of  the  common 
council  of  said  city,  appoint  four  freeholders  of  said 
city  to  be  commissioners,  who  shall  constitute  a  com- 
mission to  be  known  as  ''the  public  improvement 
commission  of  the  city  of  Cohoes." 

§  2.  The  term  of  office  of  two  of  such  commission- Terms  of 
ers  shall  expire  on  the  first  day  of  January,  nineteen  SK&; 
hundred  and  one,  and  the  other  two,  the  first  day 
of  January,  nineteen  hundred  and  four,  and  there- 
after, and  upon  the  expiration  of  their  respective 
terms,  their  successors  shall  be  appointed  for  the 
term  of  six  years,  in  the  manner  described  in  section 
one  of  this  act  for  the  appointment  of  commissioners. 
The  mayor  in  making  such  appointments,  shall  desig- 
nate the  term  for  which  each  commissioner  shall  serve. 
Each  commissioner  shall  continue  in  office  until  his 

185 


186  Laws  of  the  City  of  Cohoes. 

successor  shall  have  been  appointed,  except  as  herein 
Removals  otherwise  provided.    Any  of  such  commissioners  may 
for  cause.  ^  remove(j  from  office  for  cause  by  the  common 
council  of  said  city,  by  a  two-thirds  vote  thereof, 
upon  charges  preferred  in  writing,  and  served  upon 
the  commissioner  against  whom  the  same  are  preferred, 
and  after  a  reasonable  opportunity  to  be  heard  on  his 
vacancy  in  own  behalf.    When  a  vacancy  occurs  in  the  office  of 
°ffice'       commissioner,  caused  by  death,  resignation  or  removal , 
the  same  shall  be  filled  immediately  by  appointment 
in  the  manner  provided  for  by  section  one  of  this  act 
for  the  appointment  of  commissioners.    The  person 
so  appointed  shall  continue  in  office  during  the  unex- 
pired portion  of  the  term  of  the  person  whom  he 
No  compen- succeeds.    The  commissioners  shall  receive  no  com- 
pensation for  their  services  as  such  commissioners, 
nor  shall  any  individual  disbursements  be  audited  by 
said  commission  or  the  common  council  of  said  city. 

official        §  3.  Each  commissioner,  before  entering  upon  the 
°ath        duties  of  his  office,  shall  take  and  subscribe'  an  oath 
to  honestly  and  faithfully  discharge  the  powers  and 
duties  conferred  on  him  by  the  act,  and  file  the  same 
with  the  clerk  of  said  city.     The  common  council  of 
said  city  shall  provide  the  said  commission  with  office 
chairman,  room.    Said  commission  shall  organize  by  the  selection 
Quorum,    of  one  of  their  number  as  chairman.    A  majority  of 
the  members  of  said  commission  shall  be  necessary 
for  the  transaction  of  the  business,  but  less  than  a 
majority  may  regularly  adjourn  from  time  to  time. 
All  contracts  requiring  an  expenditure  of  money  shall 
be  made  with  the  concurring  vote  of  three  of  such 
commissioners. 

Powers  of       §  4.  Said  commission  shall  have  power  subject  to 

the  restrictions  in  this  act  contained : 
Laying  out,     vs       Subdivision  1.  To  lay  out,  make,   grade  and 
regrade  streets,  alleys,  lanes,  highways,  parks  and 
public  grounds  in  said  city,  and  to  alter,  widen, 


Office  room 


Vote  on 
contracts 


commis 
sion. 


etc.,  of 
streets 


Chapter  227,  Laws  of  1898.  187 

contract,  straighten  and  extend  the  same,  and  to  estab- 
lish and  re-establish  grades  for  the  same. 

(As  amended  by  §1,  Chapter  213,  Laws  of  1900.) 

2.  To  construct  and  lav  trunk  and  main  sewers,  sewers, 

1  drains  and 

drains  and  receiving  basins  at  such  times  or  places  asbasins- 
in  their  judgment  shall  or  may  be  necessary  and 
proper. 

3.  To  cause  any  street,  alley,  lane,  highway,  park  feava^or 
or  public  ground,  or  any  part  or  parts  thereof  in  said 

city  to  be  paved  or  repaved,  and,  if  necessary,  to  be 
properly  graded  or  regraded,for  the  purpose  of  paving 
or  repaving  the  same,  and  to  establish  and  re-estab- 
lish grades  for  the  same ;  and  to  construct  any  and  all 
curbstones  at  the  curb  line  which  it  may  deem  neces- 
sary for  properly  paving  and  repaving. 

4.  To  enter  upon  any  lands  within  the  limits  of  the ^7  upon 
proposed  improvement,  for  the  purpose  of  surveys  or 

for  examinations,  or  for  such  other  purposes  as  may 
be  required  to  carry  into  effect  the  provisions  of  this 
act. 

5.  To  appropriate  and  use  for  the  purpose  of  the  of 
proposed  improvement,  all  earth,  stone,  or  other materials- 
things  obtained  in  the  prosecution  of  said  work,  and 

to  dispose  of  such  as  shall  not  be  required  for  that 
purpose  in  such  manner  as  they  may  deem  proper. 

6.  To  advertise  for  proposals  and  contract  to  andfr°p°sals 
with  the  lowest  responsible  bidder,  in  the  name  of  the contracts- 
4kcity  of  Cohoes,"  for  any  part  of  the  work  under 
their  charge,  at  such  prices  and  upon  such  terms  and 
conditions  as  the  said  commission  may  deem  proper, 

and  to  require  security  from  bidders,  that  they  will 
enter  into  contract,  if  awarded  to  them,  and  require 
from,  contractors  such  security  for  the  faithful  per- 
formance of  their  contract,  as  said  commission  may 


188  Laws  of  the  City  of  Cohoes. 

deem  satisfactory.  All  contracts  made  by  said  com- 
mission shall  be  executed  by  the  chairman  thereof  in 
the  name  of  the  "city  of  Cohoes"  by  himself  as  chair- 
man of  the  public  improvement  commission  of  the 
city  of  Cohoes. 

(As  amended  by  §  1,  Chapter  550,  Laws  of  1899.) 
Rules  and      7.  To  adopt  and  amend,  from  time  to  time,  such 

regulations. 

rules  and  regulations  as  they  may  deem  proper  tor  the 
government  of  their  body,  and  to  make  and  enforce 
such  rules,  regulations  and  restrictions  as '  they  may 
deem  proper  for  the  guidance  and  direction  of  the 
contractors,  agents  and  employes  engaged  in  any  of 
the  improvements  done  under  this  act. 

Employees  To  employ  an  engineer,  attorney,  clerk  and  such 
assistants,  0ther  assistants  as  they  may  deem  necessary. 

Appro-         9.  To  take  and  appropriate  in  the  name  of  the  "City 

priation  of 

lands  and  0f  Cohoes, "  by  purchase  or  as  herein  otherwise  pro- 
property.  '      r  x 

vided,  all  land  and  property  necessary  for  any  of  the 

public  improvements  provided  for  by  this  act. 


and  station 
house. 


city  haii       io.  To  have  the  care,  custody,  control  and  manage- 

building  . 

ment  of  the  city  hall  building  and  station  house  con- 
nected therewith,  and  the  grounds  owned  by  the  city 
of  Cohoes  surrounding  said  building  and  connected 
therewith,  to  employ  all  persons  necessary  to  care  for, 
and  manage  said  building;  to  purchase  coal,  fuel  and 
other  things  necessary  for  the  proper  heating  of  said 
building  and  the  management  thereof ;  and  from  time 
to  time  to  make  such  repairs  and  improvements  to 
said  building  and  grounds  as  in  their  judgment  they 
shall  deem  necessary. 

Proceed-        §  5.  When  said  commission  shall  have  determined 

ings  for  .      '  -,  1 

taking      to  lay  out,  alter,  widen,  straighten,  extend,  make, 

lands  for  y  '  1  7  CJ 

open  or  construct  any  street,  alley,  lane,  highway, 
park,  place  or  public  ground,  and  to  take  and  appro- 
priate the  land  necessary  for  the  same,  and  shall  have 


lands  for 

street 

purposes 


Chapter  227,  Laws  of  1898.  189 

ascertained  the  estimated  expense  of  such  improve- 
ment aside  from  the  damages  hereinafter  mentioned, 
and  shall  have   determined   to  have  assessed  such 
expenses  and  damages  in  the  manner  hereinafter  pro- 
vided, it  shall  give  notice  of  such  determinations  to  Notice  to 
the  owner  or  owners  of  and  other  persons  interested SSfSted. 
in  the  lands  so  proposed  to  be  taken  and  appropriated, 
by  publishing  the  same  once  in  each  week  for  four 
successive  weeks  in  the  official  paper  of  said  city,  and 
by    personal     service     either     in     or  without 
the   state,  upon   each   of    said    persons    at  least- 
fifteen  days  prior  to  the  time  of  the  application  here- 
inafter mentioned.      Said  notice  shall    specify  in 
genera]  terms  the  improvements  to  be  made  and  shall 
describe  the  lands  proposed  to  be  taken  and  appro- 
priated therefor,  and  shall  state  that  such  owner  or 
owners  and  all  persons  interested  in  said  lands  may 
on  or  before  a  day  to  be  specified  in  said  notice,  file 
with  the  clerk  of  said  city  their  claim  for  damages,  if 
any  they  have,  on  account  of  such  taking  or  appro- 
priation, and  that  in  case  any  such  claim  for  damages 
shall  be  filed,  the  said  commission  will  apply  at  a 
time  and  place  to  be  specified  in  said  notice  to  a 
special  term  of  the  supreme  court  within  the  judicial 
district  in  which  said  city  is  located  or  to  the  county 
court  of  the  county  of  Albany,  for  the  appointment 
of  three  commissioners  to  ascertain  and  determine  the 
damages  so  claimed.     If  any  such  claim  shall  have  Agree- 
been  filed  as  aforesaid,  the  said  commission  may  agree  ments 
with  any  person,  persons  or  corporation  filing  such  a 
claim  as  to  the  damages  such  person  is  entitled  to  by 
reason  of  such  taking  and  appropriation  of  property, 
but  if  it  does  not  so  agree  then  said  commission  shall  APpii- 
make  application  to  said  court  at  the  time  and  place  commit 
,  in  said  notice  specified,  for  the  appointment  of  such5'0"^' 
commissioners;  and  any  person  who  shall  have  filed 
such  claim  for  damages  shall  have  a  right  to  be  heard 
on  the  application.    Such  court  shall  have  power  to^terof 


190 


Laws  of  the  City  of  Cohoes. 


Qualifi- 
cation and 
oath  of 
commis 
sioners. 


Notice  of 
meetings. 


servility  to  successive 


adjourn  the  hearing  and  to  exercise  general  authority 
over  the  proceedings  in  accordance  with  rules  and 
practice  of  said  court  except  as  herein  otherwise  j)ro- 
vided.  Said  commissioners  shall  be  disinterested 
freeholders  and  residents  of  the  county  of 
Albany,  and  it  shall  severally  before  enter- 
ing upon  the  performance  of  their  duty  take  and 
subscribe  an  oath  faithfully  and  honestly  and  impar- 
tially to  perform  their  duty  in  making  such  ascertain- 
ment and  determination  of  damages,  and  to  make  a 
true  report  thereof  according  to  their  best 
ability  and  understanding.  They  shall  enter  upon 
the  performance  of  their  duties  without  delay  and 
shall  give  notice  of  the  time  and  place  of  their  meet- 
ing to  make  such  ascertainment  and  determination, 
by  publishing  the  same  once  in  each  week  for  two 
weeks  in  the  official  paper.  If  either  of 
the  commissioners  shall  be  unable  to  serve  from  sick- 
ness or  other  cause  the  said  commission  may  at  any 
time  without  notice  make  application  to  the  court 
in  which  the  proceedings  are  pending  to  have  some 
suitable  person  appointed  in  his  stead,  and  such  court 
shall  thereupon  make  such  appointment.  At  the 
time  and  place  so  appointed  for  their  meeting  the 
commissioners  shall  view  the  premises  and  receive  any 
legal  evidence  and  may  if  necessary  adjourn  from 
day  to  day ;  they  shall  ascertain,  determine  and 
award  to  the  owner  or  owners  of  or  other  persons 
interested  in  said  lands,  so  claiming  damages  as 
aforesaid,  such  damages  as  in  the  judgment  of  said 
commissioners  such  owner  or  owners  or  other  per- 
sons interested  will  sustain  by  such  improvement 
after  making  due  allowance  for  any  benefit  which  such 
owner  or  owners  or  other  persons  interested  may 
bueudings0f  derive  therefrom.  If  there  be  any  building  on  the 
land  taken  for  such  improvement,  the  value  thereof 
to  remove  shall  be  ascertained  and  determined  by 
the  commissioners  and  stated  in  their  return  and  the 


View  of 
premises 


Award  of 
damages. 


nation  of 
commis- 
sioners. 


presen- 
tation of 
report. 


Chapter  227,  Laws  of  1898.  191 

owner  thereof  may  remove  the  same  within  ten  days 
or  such  other  time  as  the  commission  may  fix,  after 
confirmation,  and  if  the  same  be  removed  such  value 
thereof  shall  be  deducted  from  any  damages  awarded 
to  said  owTner.  The  determination  of  the  commis-  Determi- 
sioners  signed  by  a  majority  of  them,  shall  be  filed  with 
the  clerk  of  said  city  within  sixty  days  after  their 
appointment,  whereupon  the  said  commission  shall 
cause  to  be  published  in  the  official  paper  for  two 
successive  weeks  a  notice  that  such  report  has  been  Notice  of 
filed  with  the  city  clerk  and  may  be  examined  by 
all  persons  interested  ;  and  that  at  a  time  and  place  tb 
be  specified  in  said  notice,  said  report  will  be  pre- 
sented at  a  special  term  of  the  supreme  court  to  be 
held  in  the  judicial  district  in  which  said  city  is  sit- 
uated or  the  county  court  of  Albany  county  for  con- 
firmation, and  all  persons  desiring  to  object  to  said 
report  shall  file  their  objection  thereto  in  writing  with 
the  city  clerk,  at  least  five  days  before  the  day  speci- 
fied in  said  notice  of  such  motion  for  confirmation. 
Any  party  who  may  have  appeared  in  the  proceedings 
shall  be  entitled  to  notice  of  such  motion  in  accord- 
ance with  the  rules  and  practices  of  the  court.    On  Hearing 

and  con- 

the  day  specified  in  such  notice,  or  on  such  other  dayfirmation 
as  the  court  may  designate,  the  court  shall  hear  the 
parties  in  regard  to  said  report  and  shall  confirm  such 
determination  or  annul  the  same.    If  said  court  annul 
the  same,  it  may  refer  the  matter  back  to  the  same 
commissioners  or  to  three  others  to  be  appointed  by 
said  court,  who  shall  proceed  in  all  things  in  the 
making  and  return  of  the  second  determination  as 
though  it  were  the  first,  and  the  same  proceedings 
shall  be  had  thereon  as  if  it  were  an  original  determi- 
nation.    After  the  final  confirmation  of  any  such  Prg°sceaef^r 
determination,  and  the  filing  of  the  order  of  confirma-  ^madon. 
lion  in  the  office  of  the  city  clerk,  the  said  commission 
is  authorized  to  cause  such  improvement  to  be  so 
made  and  completed,  and  the  amount  of  every  award 


192 


Laws  of  the  City  of  Cohoes. 


of  damages  so  made  and  confirmed  as  well  as  all  other 
expenses  of  such  improvements  shall  be  a  valid  lia- 
bility against  such  city  and  payment  thereof  may  be 
enforced  against  it  by  tax,  assessment  or  both,  as 
IwL^dTnd  provided  in  this  act;  and  the  court,  upon  the  final 
expenses,    confirmation    of  any  such  award  of  damages  may 
direct  that  the    amount  thereof  when  collected,  be 
paid  or  deposited  in  some  specified  bank  of  the  city 
of  Cohoes,  to  the  credit  of  the  person  entitled  thereto, 
and  such  payment  or  deposit  shall  discharge  the 
SSmL-     liability  of  said  city  therefor.    The  commissioners 
ssioners:    appointed  as  aforesaid  shall  be  allowed  five  dollars 
each  for  every  day  actually  and  necessarily  employed 
in  and  about  their  duties,  and  such  compensation  and 
other  necessary  cost  and  expenses,  which  charges, 
costs  and  costs  and  expenses  shall  be  audited  and  the  amount 

expenses.  x 

thereof  fixed  and  determined  by  the  said  commission 
shall  be  considered  a  part  of  the  expense  of  such  im- 
Apportion-  provement.     The  said  commission  whenever  any  of 

ment  of       1  J 

expenses,  the  public  improvements  mentioned  in  this  section  is 
to  be  made  shall  determine  what  portion,  if  any,  of 
the  expense  thereof  including  such  damages  ought 
to  be  paid  by  the  city  at  large,  and  what  portion,  if 

Assessment  any,  ought  to  be  paid  by  local  assessment :  and  shall 

upon  lands 

benefitted,  direct  that  the  whole  expense  to  be  paid  by  local 
assessment,  be  assessed  upon  the  lots  and  parcels  of 
land  to  be  benefitted  thereby  in  proportion  to  the 
benefit  which  each  will  derive  therefrom ;  and  the 
assessors  upon  being  notified  by  the  said  commission 
so  to  do  shall  forthwith  proceed  to  make  a  special 
assessment  and  certificate,  entering  therein  in  separate 
columns  the  names  of  all  persons  assessed,  the 
description  of  all  lots  and  parcels  of  land  assessed 
and  the  amount  each  shall  be  assessed,  assessing 
justly  and  equitably  upon  each  parcel  of  land  and 
upon  each  owner  thereof  respectively,  as  shall  be  in 
proportion  as  nearly  as  may  be  to  the  advantage 
which  shall  be  deenied  to  be  received  by  the  making 


Chapter  227,  Laws  of  1898.  193 

of  such  improvement.  The  term  "commission1 '  as  Terms  used 
used  in  this  section,  shall  be  held  to  mean  "the  public  d°  "ed' 
improvement  commission  of  the  city  of  Cohoes," 
herein  provided  for,  and  the  term  "commissioners," 
as  used  in  this  section,  shall  be  held  to  mean  the 
commissioners  provided  for  in  this  section,  to  ascertain 
and  award  damages. 

(As  amended  by  §1,  Chapter  632,  Laws  of  1901.) 

§  6.  The  said  commission  shall  have  power  to  cause  Paving,  etc. 
any  street,  alley,  lane,  highway  or  public  ground,  orof  streets 
any  part  or  parts  thereof  in  said  city,  to  be  paved, 
repaved,  graded  or  regraded,  and  if  necessary  to  be 
properly  graded,  for  the  purposes  of  paving  or  repav- 
ing  the  same,  and  to  construct  all  necessary  curbstones,  Curbstones, 
for  the  purpose  of  such  paving  and  repaving,  when 
and  wherever  the  public  convenience  in  their  judg- 
ment  requires   the    same.      The   expense   of  the 
construction   of  the  curbstone   to   be  paid  by  thehoTpafi 
abutting  property  owners,  and  shall  be  levied  and 
assessed  against  such  abutting    property.  Every 
street  railway  now  or  hereafter  operated  in  said  city 
shall  be  taxed  for  and  shall  pay  the  expense  of  pav-  . 
ing,  repaving,  or  grading  and  paving  that  portion  of 
every  street  or  other  way  paved,  repaved  or  graded  and 
paved,  covered  by  its  road,  and   a  space  two  feet 
in   width  outside   of  and   adjoining  its  tracks  on 
either   side.     The  balance  of  the   expense   of  all 
such  paving,  repaving,  grading  and  regrading,  grading 
and  paving  of  public  grounds  shall  be  paid  by  the 
city  at  large.    One-half  of  all  the  expense  of  such 
paving,    repaving,    grading  and   paving   of  streets 
and  other   ways    and    places,    shall    be   paid  by 
the  city   at   large;    and   the    other    half  thereof 
shall    be   defrayed   by  special  tax   upon    the  real 
estate  adjacent  and  contiguous  to  that  part  of  the 
street  or  other  way  paved,  repaved,  or  graded  and 
paved,  and  upon  the  owners  thereof,  according  to  the 


194  Laws  of  the  City  of  Cohoes. 

benefit  received  except  that  the  city  at  large  shall  also 
pay  the  expense  of  paving,  repaying,  or  grading  and 
paving  the  crossings  of  streets  and  other  ways,  and 
no  part  of  the  expense  of  paving,  repaviug,  grading 
or  regrading,  or  grading  or  paving  any  street  or 
other  way,  or  part  of  a  street  or  other  way,  shall 
be  taxed  upon  lands  not  adjacent  and  contiguous 
to  that  part,  of  the  street  or  other  way  paved,  re- 
paved,  graded  or  regraded  or  graded  and  paved, 
special     except  as  herein  otherwise  provided.    When  the  said 

assessment 

Certificate  commission  shall  have  determined  to  cause  any  street 
or  other  way  to  be  paved,  repaved,  graded  or  regraded, 
or  graded  and  paved.,  and  shall  have  entered  into  con- 
tract therefor,  the  assessors,  upon  being  notified  by 
the  said  commission  to  do  so,  shall  forthwith  pro- 
ceed to  make  a  special  assessment  and  certificate, 
entering  therein  the  names  of  all  owners  of  land  adja- 
cent and  contiguous  to  that  part  of  the  street  or  other 
way  paved,  repaved,  graded  or  regraded,  or  graded 
and  paved,  and  the  name  of  every  street  railway 
operating  on  such  street  or  other  way,  and  designating 
therein  the  parcels  of  such  land  owned  by  non-resi- 
dents, according  to  their  best  knowledge  and  informa- 
tion. They  shall  make  a  just  and  equitable  assess- 
ment of  the  proper  proportion  of  the  expense  of  such 
paving,  repaving,  grading  or  regrading,  or  grading 
and  paving,  against  such  lands  and  owners,  and  against 
such  street  railway,  if  any,  operated  on  such  street  or 
other  way,  assessing  upon  the  several  parcels  of  real 
estate  adjacent  and  contiguous  to  that  part  of  the 
street  or  other  way  paved,  repaved,  graded  or  regraded, 
or  graded  and  paved,  and  upon  the  respective  owners 
thereof,  such  portion  of  the  said  expense  to 
be  so  assessed  as  shall  be  proportionate  to  the  benefit 
received  by  such  real  estate  owned  by  each  person, 
and  upon  said  street  railway  the  portion  of  said 
expense  hereinbefore  mentioned,  and  shall  enter  in 


Chapter  227,  Laws  of  1898.  195 

said  certificate  a  brief  bat  careful  description  of  each 
parcel  assessed  and  the  sum  assessed  upon  it. 

(As  amended  by  §  2,  Chapter  213,  Laws  of  1900.) 

§  7.  The  said  commission  shall  have  power,  and  it  Plan  of 
shall  be  their  duty  to  devise  and  frame  a  plan  of  theanderage 

-,  ,  drainage. 

sewerage  and  drainage  of  the  whole  of  said  city,  for 
the  purpose  of  thoroughly  draining  and  carrying  off 
water,  filth  and  other  matter  proper  to  be  carried  off 
by  sewers.  They  shall  also  determine  and  show  on 
suitable  maps  or  plans  which  they  shall  cause  to  be 
made,  the  location  and  course  of  each  sewer 
and  drain  and  also  determine  the  material 
of  which  said  sewers  and  drains  shall  be  constructed. 
They  shall  also  show  on  said  maps  and  plans  all  con- 
nections to  be  made  with  the  existing  sewers  in  said 
city.  They  shall  have  power,  and  it  shall  be  their  Location, 
duty,  to  determine  the  location,  course,  size  and  grade  drains, 
of  such  drains  as  may  be  necessary  to  carry  off  water 
and  refuse  matter  from  houses  and  vaults  in  such 
parts  of  the  city  as,  owing  to  their  situation,  cannot 
directly  obtain  drainage  by  means  of  sewerage  in  the 
public  streets,  and  where  such  drains  shall  be  con- 
structed between  the  lines  of  adjoining  lot  owners 
with  what  public  sewers  they  shall  be  connected.  The 1 

inspection 

>•  -i  .     '.  inn  ,  -,  of  parts  of 

said  commission  shall  also  make  thorough  inspection0^ 
and  examination  of  such  parts  of  said  city  as  are  not 
now  laid  out  with  public  streets  passing  through 
them,  and  they  shall  lay  out  such  portion  with  pub-  Laying  out 
lie  streets  not  less  than  sixty  feet  wide,  and  cause  streltl and 
maps  to  be  made  which  shall  show  the  course,  width  mapS' 
and  grade  of  each  street  so  laid  out  by  them  ;  and  also 
the  course,  size,  and  proposed  depth  of  any  sewer 
as  nearly  as  may  be  which  the  said  commission  shall 
deem  it  proper  should  be  constructed  in  such  street, 
whenever  the  same  shall   be  opened,  dedicated  or 
taken  for  public  use. 

(As  amended  by  §  3,  Chapter  550,  Laws  of  1899.) 


196  Laws  of  the  City  of  Cohoes. 

Right  to        §  8.  In  case  it  should,  in  the  opinion  of  the  com- 

lands  for  .  . 

sewers.etc,  mission,  become  necessary  to  construct  any  sewer  or 

how 

obtained,  drain  over  or  through  lands  not  within  the  line  01  any 
street  or  alley,  and  the  consent  thereto  of  the  owner 
or  owners  can  not  be  obtained,  the  right  to  use  such 
land  for  such   purpose  shall  be  obtained  and  the 

Damages,  damages  of  the  owner  or  owners  ascertained  and  assessed 

how  ascer-  , 

tainedand  upon  the  owners  of  land  benefitted  bv  such  sewer  in 

assessed.  x 

proportion  to  such  benefit.  Such  damages  shall  be 
ascertained  and  determined  in  the  same  manner  as 
provided  by  section  five,  for  ascertaining  the  damages 
to  owners  of  property  taken  and  appropriated  for 
street  purposes. 

Change  of  §  9.  When  the  grade  of  a  street  or  other  way  has 
been  heretofore  established  by  a  resolution  of  the 
common  council,  and  the  street  or  other  way  graded 
accordingly,  the  grade  thereof  shall  not  be  changed 
unless  compensation  be  made  to  all  persons  and  cor- 
porations interested  in  abutting  property,  which  prop- 
erty has  been  made  to  conform  to  such  established 
grade,  after  the  passage  of  said  resolution  by  the 

Damage^  common  council ;  and  no  other  persons  or  corporations 
shall  be  entitled  to  any  damages  for  such  change  of 
grade.  Such  damages  shall  be  ascertained  in  the 
same  manner  and  the  same  proceedings  taken  as  pro- 
vided for  ascertaining  damages  to  owners  of  property 
to  be  taken  for  street  purposes,  as  provided  by  section 
five  of  this  act.  But  nothing  herein  contained  shall 
be  construed  so  as  to  prevent  or  delay  the  changing 
of  the  grade  of  any  street  or  other  way. 

width  of       §  10.  No  new  streets  on  newly-laid  out  or  newly- 
new  streets  mapped  lands,    shall   be  adopted,  laid  out,  opened 
or  constructed  or  graded  in  said  city  by  said  com- 
mission, unless  the  same  shall  be  sixty  feet  wide. 

ordinances     §  11.  It  shall  be  the  duty  of  the  common  council 

connections 

of  the  city  of  Cohoes  to  enact  and  promulgate 
ordinances,    from     time    to    time,     requiring  the 


Chapter  227,  Laws  of  1898.  197 

owners  of  property  along  every  street,  avenue, 
highway  or  alley  in  said  city,  in  which  a 
public  sewer  then  exists,  to  make  proper  con- 
nections by  pipes  between  such  sewers  and  the  build- 
ings or  vaults  on  such  property,  specifying  the  man- 
ner and  material  with  which  such  connections  shall  be 
made,  and  shall  provide  in  such  ordinance  for  the 
due  enforcement  thereof,  and  for  the  punish- 
ment of  all  guilty  of  neglect  to  comply  therewith,  by 
such  penalty,  fine  or  imprisonment  as  the  said  com- 
mon council  is  authorized  by  existing  laws  to  impose, 
and  enact  in  the  ordinances  that  may  be  adopted  by 
that  body. 

(As  amended  by  §  3,  Chapter  213,  Laws  of  1900.) 

§  12.  The  said  commission  shall  not  have  power  tosewersand 
order  any   street,    avenue,  highway  or  alley  to  beS.remains 
paved,  repaved  or  cause  the  same  to  be  paved  orPavm? 
repaved,  unless  a  public  sewer  and  water  main  then 
exists  in  said  street,  the  sidewalk  thereof,  or  in  an 
alley  adjacent  thereto,  and  with  which  the  property 
abutting  upon  the  street  may  make  lateral  connec- Lateral 
tions,  except  that  where  all  the  property  on  such connections 
street,  avenue,  highway  or  alley  which  can  not  make 
connections  as  aforesaid  may  make  lateral  connections 
with  a  public  sewer  and  water  main  in  some  other 
street,  avenue,  highway  or  alley  without  entering 
private  land  of  others,  the  same  may  be  paved  or 
repaved  without  the  existence  of  a  public  sewer  or 
water  main  therein  if  said  commission  shall  determine 
that  the  same  are  unnecessary.    Whenever  said  com- 
mission shall  order  any  street,  avenue,  highway  or  alley 
to  be  paved,  it  shall  be  the  duty  of  every  owner  of  a 
lot  of  land  along  the  line  of  said  sewer  and  water 
main  to  construct  a  lateral  pipe  or  pipes  from  such 
sewer  and  water  main  to  the  inside  of  the  curb  line 
fronting  such  lot  of  land,  and  in  the  event  of  failure 
to  do  so  within  such  time  as  may  be  prescribed  by 


198 


Laws  of  the  City  of  Cohoes. 


the  said  commission,  the  said  commission  shall  cause 
the  work  to  be  done  and  the  entire  expense  thereof 
shall  be  a  lien  on  the  property  immediately  benefited, 
and  shall  toe  assessed,  together  with  the  assessment 
Notice  to   for  pavement,  as  provided  by  this  act.  Whenever 

construct  *" 

gas  main.  saic~[  commission  shall  have  determined  to  pave,  grade 
or  regrade  or  pave  or  repave  any  street,  avenue,  high- 
way or  alley,  and  within  twenty  days  before  the  work 
or  paving  or  repaving  said  street  shall  be  actually  com- 
menced, it  shall  be  the  duty  of  said  commission  to  cause 
to  be  served  upon  the  person  or  persons,  or  some  officer 
or  agent  of  the  corporation  having  a  franchise  or  other 
authority  from  the  common  council  of  said  city  to 
construct  a  gas  main  in  the  street  or  other  way  to  be 
paved  or  repaved,  a  notice  that  said  commission 
intends  to  pave  or  repave  such  street  or  other  way ; 
Removal  of  after  such  street  or  other  way  has  been  thus  paved  or 
pavement.  repave(^  -t  gf^ji  not,  be  lawful  for  any  person,  persons 

or  corporation  to  remove  the  pavement  therefrom  for 
a  period  of  ten  years  thereafter,  except  by  a  majority 
vote  of  '-the  public  improvement  commission  of  the 
city  of  Cohoes,"  except  to  repair  some  defect  or  break 
in  sewer  pipe,  water  pipe  or  gas  pipe,  and  then  only 
by  paying  to  the  city  of  Cohoes,  the  amount  that  it 
cost  the  said  city  to  construct  the  portion  of  the 
pavement  or  repavement  to  be  removed,  and  such 
person,  persons  or  corporations  shall  not  remove  from 
said  street,  any  greater  quantity  of  pavement  or 
repavement  than  the  amount  actually  paid  for  as 
Restoration  aforesaid.  Said  person,  persons  or  corporations  shall 
condition,  also  restore  said  pavement  or  repavement  to  its  origi- 
nal condition  as  nearly  as  may  be,  and  the  amount  of 
money  paid  to  the  city  of  Cohoes  as  aforesaid  shall  be 
deemed  to  be  paid  for  the  purpose  of  keeping  the  part 
so  removed  in  repair,  and  shall  be  so  used  by  said 
ordinances  city.  It  shall  be  the  duty  of  the  common  council  of 
vk>iations.  said  city,  to  make  and  promulgate  an  ordinance  pro- 
viding for  the  punishment  of  persons  or  corporations 


Chapter  227,  Laws  of  1898.  199 

violating  the  provisions  of  this  section,  by  such  fine 
or  imprisonment,  or  both,  as  the  common  council  is 
now  empowered  to  provide  in  the  ordinances  to  be 
adopted  by  said  body. 

(As  amended  by  §  2,  Chapter  632,  Laws  of  1901.) 

§  13.  Whenever  the  said  commission  shall  have  General 
determined  to  lay  out,  alter,  widen,  straighten,  extend,  estimate  of 

,  improve- 

make,  open  or  contract  any  street,  alley,  lane,  high- ment- 
way,  park,  place  or  public  land  or  to  pave  or  cause 
to  be  paved  or  repaved  or  graded  or  regraded,  any 
street  or  highway  or  public  ground,  or  to  establish  or 
re-establish  grades  for  the  same,  or  to  construct  any 
sewer  in  said  city,  the  said  commission  shall  file  in 
the  office  of  the  clerk  of  said  city,  a  general  plan  of 
the  work  to  be  done ;  and  the  estimated  cost  thereof ; 
and  the  said  estimated  cost  thereof  shall  .  not  be 
exceeded.  Thereupon  the  said  commission  shall  pub-  Notice  to 
lish  at  least  twice  in  the  official  paper  a  notice  to  all  interested, 
persons  interested  in  such  improvement,  appointing 
a  place  and  time  not  less  than  two  weeks  after  the  first 
publication,  to  hear  all  persons  interested  for  or 
against  such  improvement;  or  interested  in  any 
determinations  made  therein.  Such  notice  shall 
precede  any  other  public  notice  required  in  the 
proceedings  affecting  such  improvement,  and  shall 
contain  a  brief  description  of  the  improvement  pro- 
posed together  with  a  statement  of  what  portion  of 
the  whole  expense,  if  any,  should,  in  its  opinion,  be 
paid  by  local  assessment  upon  the  property  bene- 
fitted. At  the  time  and  place  appointed  to  hear  Hearing 
all  persons  interested  as  hereinbefore  specified,  said ofd power 

-i     Tin  ;  i  -,  ,  commission 

commission  shall  have  the  power  to  change,  alter,  add  thereon, 
to  or  modify  their  first  and  original  determination  in 
reference  to  such  improvement  and  shall  also  have 
the  power  and  right  to  change  their  opinion  in  refer- 
ence to  what  portion  of  the  whole  expense  should  be 
paid  by  local  assessment  upon  the  property  benefitted, 


200 


Laws  of  the  City  of  Cohoes. 


and  to  make  and  devise  a  new  or  other  opinion  or 
opinions  in  relation  thereto.    Sach  hearing  can,  at 
the  discretion  of  said  commission,  be  adjourned  from 
Discontin-  time  to  time  if  deemed  advisable.    Said  commission 

uance  of  .  ,  i  ■    i  -i  •  •  -n 

proceedings  shall  at  any  time  have  the  right  to  discontinue  all 
proceedings  in  reference  to  any  of  the  improvements 
mentioned  in  this  section. 

(As  amended  by  §  4,  Chapter  213,  Laws  of  1900. 
Previously  amended  by  Chapter  550,  Laws  of  1899.) 

Assesment      8  14.  Whenever  said  commission  shall  determine  to 

of  expense         °  , 

memsprove" cause  any  imProvements  mentioned  m  this  act 

to  be  done,  of  which  the  cost  and  expense  of  the 
whole  or  any  part  thereof  shall  be  paid  by  local  assess- 
ment upon  the  property  benefitted,  and  shall  have 
entered  into  contract  for  the  performance  of  said 
work,  it  shall  certify  to  the  assessors  of  said  city  that 
it  has  so  determined,  entered  into  contract,  the  cost 
and  expense  of  the  entire  improvement  which  shall 
include  such  proportion  of  the  salaries  and  expenses 
of  the  officers  and  employees  of  said  commission  and 
the  expenses  of  said  commission  as  it  shall  deem 
proper,  together  with  the  amount  of  such  cost  and 
expenses  which  the  owners  of  such  property  shall  pay, 
and  in  case  of  the  construction  of  any  sewer,  sewers, 
drains,  drainage,  or  sewerage  system  hereafter  to  be 
constructed,  the  said  commission  shall  also  certify  a 
particular  description  of  the  length  of  such  sewer,  the 
cost  per  foot,  and  whether  the  same  is  a  main  or  trunk 
sewer,  and  if  so,  a  particular  description  of  the  sewers 
and  drains  which  are  contributory  thereto ;  and  also  a 
brief  description  of  the  premises  and  property  abut- 
ting such  sewer,  drains,  main  or  trunk  sewers  and  con- 

spedai     tributory  sewers  and  drains.    The  said  assessors  shall 

assessment  ^ 

andcertifi-  forthwith  proceed  to  make  a  special  assessment  and 
certificate,  entering  therein  in  separate  columns  the 
names  of  all  the  persons  assessed,  the  description  of  all 
lots  and  parcels  of  land  assessed,  and  the  amount  each 


Chapter  227,  Laws  of  1898.  201 

shall  be  assessed,  assessing  justly  and  equitably  upon 
each  parcel  of  land  and  upon  each  owner  thereof 
respectively,  such  portion  of  such  expense  to  be  paid 
by  the  property  .thus  determined  to  be  benefitted  as 
nearly  as  may  be  to  the  advantage  which  each  shall 
be  deemed  to  receive  by  the  making  of  such  improve- 
ment, but  in  making  such  assessment  regard  shall  be 
had  only  to  benefit  received.  When  such  cer- Notice 
tificate  is  completed  they  shall  fix  a  time  Review, 
and  place  of  meeting  to  correct  the  same 
and  shall  give  notice  of  such  meeting  stat- 
ing where  such  certificate  can  in  the  meantime  be  seen 
and  examined,  by  publishing  such  notice  at  least 
twice  in  the  official  paper  of  said  city,  which  publica- 
tion shall  be  completed  at  least  ten  days  before  the 
time  so  fixed  for  a  meeting ;  at  the  time  and  place  Hearing 
so  appointed,  said  assessors  shall  meet  and  hear  all  corrections, 
persons  appearing  before  them  who  shall  feel  that 
they  are  aggrieved  by  said  assessment  and  after  said 
hearing  shall  make  such  corrections,  if  any,  in  such 
certificate  as  in  their  judgment  will  render  such 
assessment  more  just  and  equitable;  and  the  said 
assessors  shall  have  the  power  to  add  to  such  assess- 
ment upon  giving  due  notice  and  a  hearing  to  the 
owner  or  owners  of  the  property  which  is  to  be  added 
or  upon  which  an  addition  is  to  be  made ;  and  they 
may  abandon  such  certificate  in  case  they  deem  it 
erroneous  and  proceed  to  make  a  new  certificate  in 
the  same  manner  as  though  none  had  been  made. 
When  said  certificate  shall  be  thus  corrected,  or  when  Delivering 
the  assessors  after  such  hearing  shall  have  determined 

to  council. 

that  it  needs  .no  correction,  they  shall  deliver  the  same 
and  the  total  thereof,  both  of  which  shall  be  signed 
by  a  majority  or  by  all  of  them,  to  the  common  coun- 
cil within  five  days  after  same  shall  have  been  com- 
pleted by  them  as  aforesaid,  but  such  time  may  be 
extended  by  the  common  council.  Any  person  con-  Hearing 
sidering  himself  aggrieved  by  said  assessment  shall  SftSuS7 


202 


Laws  of  thje  City  of  Cohoes. 


have  the  right  to  be  heard  in  relation  thereto  before 
the  common  council  of  said  city  at  its  first  regular 
meeting  after  delivery  of  the  certificate  as  aforesaid, 
and  at  its  second  regular  meeting  after  such  delivery 
the  common  council  shall  either  confirm  in  whole  or 
in  part  or  annul  such  assessment,  and  in  so  doing 
shall  have  power  to  correct,  add  to  or  amend  such 
^ounetylsto  assessment  in  any  manner  it  may  deem  properjlf-  If  fc 
court  cpaafixriLihe  same  any  person  who  shall  consider  him- 
self aggrieved  thereby  may  appeal  to  the  county  court 
of  Albany  county,  wilhin  the  time  and  in  the  manner 
as  nearly  as  may  be,  as  provided  by  law  for  appeals 
from  determinations  of  commissioners  of  highway  in- 
laym^TTlH'  i  inH  \  but  if  it  annul  the  same  all  proceed- 
ings of  the  assessors  in  relation  thereto  shall  be  void, 
and  new  proceedings  may  t^e  taken  in  the  matter,  in 
provisions  the  manner       provided  i***fe«  this  section.  (  If  the 

when  9 

assessors    assessors  or  any  or  either  of  them  be  interested  in 

interested.  " 

property  liable  to  be  affected  by  such  assessment  or 
be  for  any  cause  incapable  of  acting,  the  common  coun- 
cil may  appoint  in  the  place  of  each  assessor  thus 
disqualified  a  disinterested  freeholder  of  said  city, 
residing  therein,  to  perform  the  duties  of  such  assessor 
and  every  freeholder  before  entering  upon  the  per- 
formance of  said  duties  shall  take  and  subscribe  an 
oath  to  make  the  assessment  faithfully,  honestly  and 
Filing  of    impartially  according  to  his  best  -judgment.  When 

assessment.  '       '  ° 

any  such  assessment  shall  be  finally  confirmed  by  the 
common  council  or  competent  tribunal  the  duplicate 
thereof  hereinbefore  mentioned,  shall  be  thereupon 
filed  with  the  clerk  and  both  shall  be  deemed  to  be 
warrant    originals,  to  one  of  which  shall  be  annexed  a  warrant 
collection,  for  the  collection  of  said  taxes  as  prescribed  for  the 
collection  of  general  city  taxes  of  said  city,  and  to  the 
other  a  copy  of  said  warrant  with  a  receipt  of  the 
Assess.     chamberlain  for  such  certificate  and   warrant.  No 
noetnneidhen  assessment  or  reassessment  made  for  the  expense  of  a 
public  or  a  local  improvement  in  said  city,  shall  be 


km  party  aggrieved  by  any  assessment  trade 
wrsLnt  to  this  act,  or  alleging    that  such 
assessment  is  illegal  or  invalxd  may 


202 


Laws  of  the  City  of  Cohoes. 


have  the  right  to  be  heard  in  relation  thereto  before 
the  common  council  of  said  city  at  its  first  regular 
meeting  after  delivery  of  the  certificate  as  aforesaid, 
and  at  its  second  regular  meeting  after  such  delivery 
the  common  council  shall  either  confirm  in  whole  or 
in  part  or  annul  such  assessment,  and  in  so  doing 
shall  have  power  to  correct,  add  to  or  amend  such 
<founetyls  to  assessment  in  any  manner  it  may  deem  proper^  If-k 
confirm  the  same  any  person  who  shall  consider  him- 
self aggrieved  thereby  may  appeal  to  the  county  court 
of  Albany  county,  within  the  time  and  in  the  manner 
as  nearly  as  may  be,  as  provided  by  law  for  appeals 
from  determinations  of  commissioners  of  highway  in- 
laying  out -i  uwgL,  but  if  it  ul  th  -  same  all  proceed- 
ings of  the  assessors  in  relation  thereto  shall  be  void, 
and  new  proceedings  may  be  taken  in  the  matter,  in 


court. 


assessors 
interested 


Provisions  the  manner       provided  i*»deF  this  section.  .  If  the 

when  *  * 

assessors  or  any  or  either  of  them  be  interested  in 
property  liable  to  be  affected  by  such  assessment  or 
be  for  any  cause  incapable  of  acting,  the  common  coun- 
cil may  appoint  in  the  place  of  each  assessor  thus 
disqualified  a  disinterested  freeholder  of  said  city, 
residing  therein,  to  perform  the  duties  of  such  assessor 
and  every  freeholder  before  entering  upon  the  per- 
formance of  said  duties  shall  take  and  subscribe  an 
oath  to  make  the  assessment  faithfully,  honestly  and 
Filing  of    impartially  according  to  his  best  iudgment.  When 

assessment. 

any  such  assessment  shall  be  finally  confirm^ 
common  council  or  competent  tribu^1 
thereof  hereinbefore  mentis- 
filed  with  the  clerk  «*r  ' 
warrant    originals,  to  n' 

collection,    for  tile 

coll ec tic  ^  the 

other  a  c  .oceipt  of  the 

Assess_     chamberL  :aie  and   warrant.  No 

noetnneidhen  assessmen  ^uent  made  for  the  expense  of  a 

rrublic  or  a  -^cal  improvement  in  said  city,  shall  be 


Cpiapter  227,  Laws  of  1898.  203 

set  aside  or  be  held  to  be  invalid  because  the  same 
may  have  been  or  may  be  made  in  terms  against  an 
owner  or  owners  unknown,  or  the  estate  of  a  deceased 
person  (naming  such  person)  or  the  executor,  admin- 
istrator, heirs  or  devisees  of  a  deceased  person  (nam- 
ing such  person)  or  against  a  company  or  a  firm  named, 
or  against  the  person  in  whose  name  record  is,  though 
not  the  actual  title  of  the  property  assessed,  or 
through  any  cause  arising  from  mistake  or  ignorance 
as  to  the  name  of  the  owner,  whether  an  individual  or 
a  corporation,  provided  the  property  assessed  is  suffi- 
ciently described  to  identify  and  indicate  the  particu- 
lar lot  or  tract  which  it  was  intended  to  assess.  If  tf00ndSca" 
upon  any  hearing  in  relation  to  any  assessments  under  *s|nst|; 
this  act  it  shall  appear  by  reason  of  any  alleged 
irregularities  or  invalidity,  the  expense  of  any  local 
improvement  has  been  unlawfully  increased,  the 
common  council  thereof  or  any  court,  or  judge  before 
whom  the  proceedings  or  assessment  may  be  pending 
or  up  for  review  may  order  that  such  assessment  upon 
the  lands  of  auy  aggrieved  party  or  parties  be  modi- 
fied by  deducting  therefrom  such  sum  as  is  in  the 
same  proportion  to  such  assessments  as  is  the  whole 
amount  of  such  unlawful  increase  to  the  whole  amount 
of  expense  of  such  local  improvement.  )  tf4«-the -pro-  vacation  or 

-. .  a_«««s_»  reduction. 

eeedjags-rerattVe*  to  any-  assessment  or  assessments  for 
auy  -  locaKimprovemeht  in  the  city  of  Cohoes  or  in 
the  proceedings  to  collect  the  same  any  fraud  or 
defect  in  the  work  or  substantial  error  shall  be  alleged 
to  exist  or  haverfeeen-eommitted,  the  party  aggrieved 
thereby  may,  within  twenty  days  after  confirmation 
of  the  assessment  by  the  common  council  apply  to 
have  the  assessment  vacated  or  reduced  or  both  to  a 
judge  of  the  supreme  court  at  special  term  or  his 
chambers  or  to  the  county  judge  of  Albany  county, 
who  shall  thereupon  upon  due  notice  to  the  said  com- 
mission and  its  attorney  and  to  the  contractor  and  his 
sureties  and  any  other  person  or  persons  if  either  of 


204  Laws  of  the  City  of  Cohoes. 

them  be  proper  parties,  proceed  forthwith  to  hear  the 
proof  and  allegations  of  the  parties.  Hereafter  no 
suit  or  action  in  the  nature  of  a  bill  in  equity  or 
otherwise  shall  be  commenced  for  a '  vacation  of  any 
such  assessment  or  assessments  to  remove  the  cloud 
upon  the  title  arising  from  any  assessment  hereafter 
made.  Owners  of  property  shall  hereafter  in. pro- 
ceedings to  reduce,  vacate  or  stay  payments  of  assess- 
ment be  confined  to  the  form  or  proceeding  in  this 
objections  act  mentioned.    No  assessment  that  may  be  hereafter 

to  be  hied  J 

made  shall  be  void  or  shall  be  vacated) nor  the  sale  of 
property  therefor  or  thereunder  be  declared  illegal  or 
the  deed  or  certificate  of  conveyance   therefor  be 


within  ten 
days  after 
letting  of 
contract. 


.  t  .  adjudged  invalid  or  illegal  or  any   money  paid  on 

account  or  because  of  said  assessment  be  recovered 
back  or  refunded  because  of  any  error,  illegality  or 
irregularity  in  any  ot  the  proceedings  in  relation  to 
the  work  or  improvement  for  which  such  assessment 
is  made  prior  to  the  commencement  of  the  work 
including  the  letting  of  the  contract  for  such  work 
unless  the  party  objecting  thereto  shall  have  hied  his 
objection  or  objections  with  the  clerk  of  said  commis- 
sion within  ten  days  after  the  letting  of  contract  of 
such  work,  stating  the  error  and  illegality  or  irregu- 
larity complained  of  together  with  his  address. 

(As  amended  by  §  3,  Chapter  632,  Laws  of  1901. 
Previously  amended  by  Chapter  550,  Laws  of  1899.) 

§  15.  The  said  commission  shall  not  contract  to 
expend  on  behalf  of  said  city  at  large,  for  the 
improvements  provided  for  herein,  and  all  the  expenses 
connected  therewith/ and  which  the  city-at  large  shall 
be  required  to  pay  a  larger  sum  than  three  hundred 
thousand  dollars.  /  r /j     W  %^C4  QPt\  fftj 

§  16.  When  a  contract  or  contracts  shall  be  exe- 
cuted by  said  commission  for  any  of  the  improvements 
provided  for  in  this  act,  and  the  work  thereunder 
actually  commenced,  and  of  which  the  city  at  large  is 

nil  ^^w^V^^rl^X^ 


Chapter  227,  Laws  of  1898.  205 

1o  pay  the  whole  or  a  part  of  the  costs  and  expense, 
it  shall  be  the  duty  of  the  common  council  of  said 
city,  upon  request  of  said  commission,  to  borrow  upon 
the  faith  and  credit  of  said  city,  such  ^sum  as  will  be 
necessary  to  pay  tb^satd-  p^^^rtrittka  expensed  a»4- 
cost  thereof,  as  the  city  at  large  shall  pay  and  all 
expenses  whatsoever  connected  with  the  performance  - 
of  said  work,  and  the  final  completion  thereof;  it  /  / 
shall  be  the  duty  of  the  common  council  to  issue  the 
bonds  of  said  city  therefor,  to  be  known  as  '  'public 
improvement  bonds  of  the  city  of  Cohoes,  "bearing  inter- 
est at  a  rate  not  exceeding  fourTfer  centum  per  annum, 
payable  semi-annually;  the  principal  of  said  bonds  when  pay- 
shall  be  made  payable  at  such  time  and  times  within 
forty  years  from  their  respective  date  of  issue,  and  in 
such  amount  yearly  as  shall  be  fixed  and  deter- 
mined by  the  said  common  council.  Said  bonds  shall 
be  of  the  denomination  of  not  less  than  fifty  dollars 
each,  and  shall  be  signed  by  the  mayor  of  the  city  of 
Cohoes,  and  countersigned  by  the  chamberlain  and 
city  clerk,  and  the  seal  of  said  city  shall  be  affixed  to 
each  of  said  bonds  by  the  said  clerk.  Said  bonds 
shall  be  registered  in  the  office  of  the  chamberlain  of 
said  city  and  shall  be  payable  at  such  places  as  shall 
be  designated  by  the  common  council  of  said  city. 
Said  bonds  shall  be  negotiated  by  the  chamberlain  of  Saleof 

ft  J  bonds. 

said  city,  selling  the  same  at  his  office  to  the  highest 
bidder,  at  public  auction,  at  not  less  than  par  value 
thereof.  Said  chamberlain  shall  give  public  notice  of 
the  time  and  place  of  any  selling  of  such  bonds  by 
public  auction  by  publishing  a  notice  thereof  for  at 
least  fifteen  days  previous  to  each  sale  or  opening,  in 
such  a  newspaper  as  shall  be  designated  by  the  com- 
mon council,    The  chamberlain  of  said  city  is  hereby  Advances 

•>  J  for  expen- 

authorized  to  make  advances  for  the  necessary  expen- ditures 
penditures  of  said  commission  or  on  warrants  issued 
by  said  commission  Qj^m«»^^ 


206 


Laws  of  the  City  of  Cohoes. 


commission  for  payments  under  said  contract  or  con- 
tracts on  its  order  or  otherwise  ordered  paid  to  the 
said  contractor  or  contractors,  for  any  of  the  improve- 
ments under  this  act,  from  any  funds  of  the  city  in 
h  his  possession,  prior  to  the   issuing  of  the  bonds 

V  herein  authorized,  to  be  reimbursed  from  the  proceeds 

pdJJcipai    of  any  subsequent  sale  of  said  bonds.?  It  shall  be  the 
and  interest  duty  of  the  common  council  of  the  city  of  Cohoes  to 
cause^L  to    be    raised    yearly,    in    each  _  fiscal 
year,    from    the    time    this    act   shall  take  effect, 
taxation   upon   the   taxable    property  in  said 
city,    in    the   same   manner   as   other  ^ci^  taxes 
are  levied,  a  sum  sufficient  to  pay  for  the  interest 
upon  said  bonds  when  and  as  the  same  shall  become 
due  and  payable,  and  also  to  raise  by  tax  upon  the 
taxable  property  of  said  city,  in  the  same  manner  as 
other  taxes  are  levied,  and  in  addition  thereto,  the 
moneys  necessary  to  pay  the  principal  of  said  bonds 
^assess-    as  the  same  shall  become  due.    If  by  reason  of  any 

ment  for  /  Jtf 

deficiencies.  error  it  shall  appear  that  the  bonds  issued  under  the  f$ 
provisions  of  this  act  or  the  assessments  made  upon  ™ 
any  local  improvement  are  not  sufficient  to  pay  the 
entire  expense  of  such  local  improvement,  the  assess- 
ors of  such  city  upon  the  demand  of  "the  public 
improvement  commission  of  the  city  of  Cohoes"  can 
reassess  such  proportion  of  such  deficiency  as  may  be 
deemed  proper  by  said  commission,  upon  the  property 
benefited  and  the  common  council  of  the  city  of  Cohoes 
new  bonds.  issue  abond  or  bonds  in  such  amount  as  may  be 

determined  necessary  by  said  commission,  to  be  paid 
dTy^aid -city  toward  such  deficiency  for  such  local 
improvement.  Should  it  be  determined  that  said 
bonds  are  irregular  or  invalid  for  any  reason,  the  com- 
mon council  of  said  city  of  Cohoes  may  issue  new  and 
other  bonds  in  their  place  and  stead  thereof  for  such 
sum  or  sums  as  it  may  deem  proper.  ^ 

(As  amended  by  §  6,  Chapter  550,  Laws  of  1899.) 


Issue  of 


Chapter  227,  Laws  of  1898.  •  207 

§  17.  Any  person,  persons  or  corporations  assessed  Payment  of 
for  any  of  the  improvements  provided  for  in  this  act,  assessment 
and  as  provided  by  this  act,  shall  be  discharged  from 
W  assessment  upon  his  or  its  property,  by  paying 

assessed  to  the  chamberlain  within  ^ 
formation  of  any  such  assess-^ 
corporation 


■on 


nion  to 
y  in 

;tallments 


—  ;  jt   «/    x,^-v.^^v«.&^ 

above  set  forth:  Such  person  or  corporation 
shall  be  deemed  to  avail  himself  or  itself  of  said 
option  by  payment  of  such  first  in^T  ^  ' — ~" 

months  frvv™ 


f  one-twentieth  part 
erect  on  all  in~  j 

he  or  it  desires  j 
e 1/20  nart  there 
aid" shall  De  come 
as  aforesaid. 


STSS  S  °-isaion. 


>n- 
he 


The  principal  of  such  of  said  bonds  as  shall 
be  equal  in  amount  to  the  amount  which  the  city 
of  Gohoes  shall  ;pay  towards  making  of  such 
improvement,   expenses  and  costs,  sh^ll  be  made 
payable  at  such  time  or  times  within  forty 
years  from  their  respective  date  of  issue,  and 
in  such  amount  yearly  as  shall  be  fixed  and 
determined  by  the  common  council,  and  /^^^ 

The  -principal  of  the  remainder  of  said  bonds 
shlll  be  JKe  payable  one  year  after  date  and 
S£l  le  rttxredyby  paying  the  nrocee ds  of  the 
SaMfcfc-n  assessments  then  collected  for  such 
trnr^rovem^t     so  far  as  the  same  may  be  applies  Die 
l^llelT  and  tte  common  council  is  authorized  to 
issue  aAa  sell  new  bonds  for  the  balance  m  tne 
mann@r  Tjroviaefl  herein  for  the  issue  and  sale 
of  bon&s    anS  to  be  made  payable  at  such  time 
or  tia;  not  exceeding    eighteen  years  from 
their  respective    aate  of  issue,  and  in  such 
amount  yearly  as  shall  be  fixed  and  determined 
by  the  common  council.  ^ 

J  • 

5S 

e 
d 

I 
I 

Ihen  follows  authority  to  issue  suchjonds 
^improvements  heretofore  made,  sestets 
for  if^^811;;    which  no  bonds  have  been 

SSaSS* noTSceed  the    unpaid  -je^ents. 
Further  authority  is  given  re™*™e 
oSe  year  bonds  Heretofore  issued  which 
SSaS  due    vvlor  to  the  amendment. 


.  .   .vf  nne -twentieth  part 
v^h  installment  shall  coasx^  ox         Qn  all  in-  , 
r/suiS  assessment  P^^erae*  or  oorporatxj 
stallnents  to  tote*^*n|ucll  an  assessment    xs  ns*  ^ 
^a^nhin°rhenxrer&aCthe  ^^^ft^irel 
TZ  S  eSr.Ul*  pay  ?^Sb  of    1  & V*  there- 
Son  such  assessment  ^^^mfaid  shall  be  come 
o?  in  which  case  the  *»Jgg^s  as  aforesaid. 

°payable  g  «^rilSBS  Se?64  V£%&  « 
This  section  s^11  ^onf irmea  oy  ^ne/^ 


206 


Laws  of  the  City  of  Cohoes. 


commission  for  payments  under  said  contract  or  con- 
tracts on  its  order  or  otherwise  ordered  paid  to  the 

The  principal  of  such  of  said  "bonds  as  shall 
be  equal  in  amount  to  the  amount  which  the  city 
of  Gohoes  shall  ;pay  towards  making  of  such 
improvement ,   expenses  and  costs,  sh°ll  be  made 
payable  at  such  time  or  times  within  forty 
years  from  their  respective  date  of  issue,  and 
in  such  amount  yearly  as  shall  be  fixed  and 
determined  by  the  common  council,  and     /  *?r  *> 

\  \  citv,    in    the   same   manner  as   oth^r-  x— 

The  principal  of  the  remainder  <*J  said  Toon|s 
shall  he  made  payable  one  year  after  date  and 
Kail  be  retired  by  paying  ^proceeds 
«««««  a88ese«n^  tben^olleoted  bjc^ 

S.fSJSnt5tSS  is'authorised  to 
islneana  sell  new  bonis  for  the  balance  m  the 
nann-r  nrovidea  herein  for  the  issue  and  sale 
of  bonds,  ana  to  be  made  payable  at  such  time 
or  times    not  exceeding    eighteen  years  from 
their  respective    aate  of  issue,  and  in  such 
amount  yearly  as  shall  be  fixed  and  determined 
Toy  the  common  council.    y  S 

deemed  proper  by  said  commission,  upon  the  property 
issue  of  benefited  and  the  common  council  of  the  city  of  Cohoes 
new  bonds,  gj^jj  issue  a  bond  or  bonds  in  such  amount  as  may  be 

determined  necessary  by  said  commission,  to  be  paid 
rby^ard -city  toward  such  deficiency  for  such  local 

improvement.     Should  it  be  determined  that  said 

bonds  are  irregular  or  invalid  -for  qhv  radsnn  thp  pom- 

Then  follows  atxthority  to  issue  such  bonds 
for  improvements  heretofore  ma de  sniteta 
SfniteLnte    for  which  no  bonds  have  been 
issued  whether  assessments  have  been  mac 
or  not    excent  that  the  one  year  bonds 
shalTnot  exceed  the    unpaid  aasessmente. 
Further  authority  is  given  re™.™e 
I  *    onY  year  bonds  Heretofore  issued  which 

heoame  due    nrior  to  the  amendment.      /0f  Y 


Chapter  227,  Laws  of  1898.  207 

§  17.  Any  person,  persons  or  corporations  assessed  Payment  of 
for  any  of  the  improvements  provided  for  in  this  act,  assessment 
and  as  provided  by  this  act,  shall  be  discharged  from  / 
said  assessment  upon  his  or  its  property,  by  paying  /j^ 
the  amount  so  assessed  to  the  chamberlain  within  ^ 
twenty  days  after  the  confirmation  of  any  such  assess-^  v 
ment,  and  thereafter  any  such  person  or  corporation  ^7 
may,  by  paying  the  said  assessment,  with  an  addition 
of  one  per  centum  for  each  and  every  month  that  the  ' 
same  has  remained  unpaid  after   the  confirmation 
thereof,  be  discharged  from  such  assessment,  [  B*koPtion  to 
when  ,  any  assessment  made  under  the  provisions  of  "bailments 
this  title, shall  exceed  the  sum  of  sixty  dollars  the 
u  person  or  corporation  against  whose  property  said 
/  assessment  is  made  shall  have  the  option  of  paying 

such  assessment  in  iLv^'equat  installments.  /  The  first 

of  such  installments  shall  be  due  and  collectible  on 

on  the  confirmation  of  any  such  assessment,  and  one 

of  such  installments  shall  be  due  and  collectible  at 

the  expiration  of  each  year  thereafter  for  four  years. 

Such  installments  shall  bear  interest  at  a  rate  of  six 

per  centum  per  annum   from   and   after   the  time 

of  the  confirmation  of  any  such  assess- 
ment^  until    the    same    shall    become    due  and 

payable  fand   thereafter  shall   pay   the  percentage 

above    set    forth:      Such    person    or  corporation 

shall  be  deemed  to  avail  himself  or  itself  of  said 

option  by  payment  of  such  first  install™^*        *     *    '  < 

_monthsf^  -  ^  one -twentieth  part 

in^ta-U^entshalX  00^"irterest  on  all  in- 

Q+qn^ents  to  aaxe.  ,     n  assessment,  1 

H7^le  ^^^ruilBO^Lemed  to  apply  toj.ll 

This  section  ~.       confirmed,  oy  ^ llv 

Se SffofiSr— «ts  heretofore 


208  Laws  of  the  City  of  Cohoes. 

of  said  city  to  the  amount  of  said  assessment 
that  then  remains  unpaid ;  the  same  to  be  divided  in 
four  equal  parts,  payable  in  one  year,  two  years^._ 
three  years,  and  four  years  from  date,,  respectively, 
payment  guch  certificates  of  indebtedness  shall  be  paid  from 
there°  the  moneys  received  from  the  said  assessment,  and 
shall  be  executed  in  the  same  manner  as  provided  for 
the  execution  of  bonds  of  said  city  in  the  preceding 
section  of  this  act. 

(As  amended  by  §  6,  Chapter  213,  Laws  of  1900. 
Previously  amended  by  Chapter  550,  Laws  of  1899.) 

proceeds  of    §  18.  The  proceeds  received  from  the  sale  of  bonds 
bonds.      as  provided  in  section  sixteen  of  this  act,  »sd  from 
the  sale  of  certificate^^  in 
"  section  seventeen  of  this  act,  and  assessments  pro- 
vided for  in  this  act,  collected  by  the  chamberlain  of 
said  city  before  the  sale  of  said  certificates  of  indebt- 
edness, and  not  included  in  the  amount  for  which  said 
certilicates  of  indebtedness  shall  be  issued,  shall  be 
set  apart  by  the  chamberlain  of  said  city,  who  shall 
pay  therefrom,  only  upon  the  order  of  said  commission, 
from  time  to  time,  such  amounts  as  shall  be  required 
to  pay  the  expenditures  which  said  commission  is 
verification  j^^g^^  empowered  by  this  act  to  make.    The  said 
commmission  shall  not  audit  any  bill  or  order  its  pay- 
ment until  the  same  shall  be  verified  as  required  by 
law  in  presenting  claims;  to   the   common  council^ 
against  the  city  of  Cohoes. 
fAs  amended  by  §  7,  Chapter  213,  Laws  of  1900.) 

officers  not     §  19.  The  commissioners  provided  by  this  act,  the 
Interested,  city  attorney,  city  engineer  and  surveyor  of  said  city 
and  the  attorney  and  engineer  appointed  and  employed 
by  said  commission  and  such  other  assistants  and 
employees  as  shall  be  employed  by  them,  shall  not 


commission 


tion. 


Chapter  227,  Laws  of  1898.  209 

be  interested  either  directly  or  indirectly  in  any  con- 
tract for  any  of  the  work  provided  for  in  this  act,  or 
the  materials  to  be  furnished  therefor. 

(As  amended  by  §  8,  Chapter  550,  Laws  of  1899.) 

§  20.  The  clerk  of  the  city  of  Cohoes  shall  by  virtue  cierk  of 
of  his  office  as  such  clerk,  be  clerk  of  the  commission 
herein  provided  for  and  shall  keep  a  full  and  accurate 
record  of  their  proceedings  and  account  of  all  maps, 
plans  and  grades,  which  may  be  made  by  such  com- 
mission;  and  said  records,  maps,  plans  and  grades 
shall  be  open  to  the  inspection  of  any  citizen  during 
the  office  hours  of  said  clerk.  Said  clerk  shall  receive  compensa- 
as  compensation  for  the  services  heretofore  required 
of  him  by  the  provisions  of  chapter  nine  hundred  and 
four  of  the  laws  of  eighteen  hundred  and  ninety -six 
and  chapter  two  hundred  and  twenty -seven  of  the 
laws  of  eighteen  hundred  and  ninety-eight,  at  the 
rate  of  two  hundred  dollars  per  year  for  services 
actually  performed  for  him  as  clerk  to  the  commissions 
organized  under  said  chapters  dating  from  June  ninth, 
eighteen  hundred  and  ninety- six,  to  the  time  this  act 
goes  into  effect  and  shall  receive  as  compensation  for 
the  services  required  and  to  be  performed  by  him  in 
the  future  by  the  provisions  of  this  act  from  the  date 
this  act  shall  go  into  effect  at  the  rate  of  two  hundred 
dollars  per  year,  this  sum  to  be  in  addition  to  any 
sum  hereinbefore  prescribed  by  law  as  the  salary  of 
the  city  clerk  of  the  city  of  Cohoes. 

(As  amended  by  §  9,  Chapter  550,  Laws  of  1899.) 


21.  The  city  attorney  of  said  city  shall  be  counsel  ^y%ol 

ney,  city 
engineer 

engineer  and  surveyor  of  said  city  shall  perform  such  SpeXiS- 


to,  and  legal  advisor  to  said  commission,  and  the  city 


professional  duties  and  services  as  said  commission 
may  require  of  him.  The  street  superintendent  of 
the  city  of  Cohoes  shall  perform  such  services  in 
superintending  the  improvements  provided  for  in  this 
act  as  said  commission  shall  require  of  him. 


dent. 


210  Laws  of  the  City  of  Cohoes. 

Collection       §  22.  All  assessments  provided  for  by  this  act  shall 
medntPofy"    be  collected  and  the  payment  thereof  enforced  in  the 
same  manner  as  is  now  provided  for  the  collection  and 
enforcement  of  general  city  tax  of  said  city. 

pians  and      ft  23.  Yvom  and  after  the  passage  of  this  act  the 

specifica-  «  n  l 

tions.  common  council  of  the  city  of  Cohoes  shall  not  make 
or  cause  to  be  made  any  of  the  improvements  provided 
for  in  this  act,  except  upon  the  plans  and  specifica- 
tions made  by  said  commission,  and  at  its  request. 

Repeal.  §  24.  All  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

§  25.  This  act  shall  take  effect  immediately. 


THE  PUBLIC  HEALTH  LAW. 


CHAPTER  661,  LAWS  OF  1893. 

An  Act  in  relation  to  the  public  health,  constituting 
chapter  twenty-five  of  the  general  laws. 

Approved  by  the  Governor  May  9,  1893.  Passed,  three-fifths  being-  present, 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

ARTICLE  I. 

STATE  BOARD  OF  HEALTH. 

Note:— This  article,  excepting  §§  1,  8  and  11,  is  not  directly  applicable  to  the  city  of 
Cohoes. 

Section    1.  Short  title. 

8.  Employment  of  local  boards  and  experts. 
11.  Power  of  state  board  where  municipality 
fails  to  establish  board  of  health. 

Section  1.  Short  title.    This  chapter  shall  be 
known  as  the  public  health  law. 

(As  amended  by  §  1,  Chapter  29,  Laws  of  1901.) 

§  8.  Employment  of  local  boards  and  ex- 
perts.   Whenever  requested  by  the  commissioner  of  city  board 
health,  anv  city  board  of  health  in  this  state  mavS^ 

.  J  ber  to  aid 

appoint  one  of  its  members  to  act  with  and  assist  the^™is_ 
commissioner  during  the  examination  of  any  nuis- 
ance, or  for  the  purpose  of  determining  whether  a 
public  nuisance  exists.  Such  representative  may  take  Power  of 

0i  n  representa- 
Jil  tive. 


of 
commis 
sioner. 


212  Laws  of  the  City  of  Cohoes. 

part  in  such  examination,  and  sit  with  the  commissioner 
during  the  conduct  thereof,  but  the  final  determination 
of  the  questions  involved  shall  rest  solely  with  the 
Employees  commissioner .  The  commissioner  may  from  time  to 
time  employ  competent  persons  to  render  sanitary  ser- 
vice, and  make  or  supervise  practical  and  scientific  in- 
vestigations and  examinations  requiring  expert  skill, 
and  prepare  plans  and  reports  relative  thereto. 
(As  amended  by  §  1,  Chapter  29,  Laws  of  1901.) 

§  ll.  Power  of  commissioner  where  mu- 
nicipality fails  to  establish  board  of  health. 

If  any  municipal  corporation,  authorized  by  law  to 
establish  a  local  board  of  health,  shall  omit  to  do  so, 
the  commissioner  of  health,  may  in  such  munici- 
pality, exercise  the  powers  of  a  local  board  of  health 
and  appoint  a  health  officer  thereof  and  fix  his  duties 
and  compensation.  The  compensation  of  such  health 
compensa-  officer  and  the  expenses  lawfully  incurred  by  him  and 
by  the  commissioner  of  health  in  such  municipality 
shall  be  a  charge  upon  and  paid  by  such  municipality 
until  such  time  as  a  local  board  of  health  shall  be 
established  therein,  whereupon  the  jurisdiction  of 
such  health  officer  and  of  the  commissioner  of  health 
conferred  by  this  section  shall  cease. 

(As  amended  by  §  1,  Chapter  29,  Laws  of  1901.) 


Appoint 
ment  of 
health 
officer 
Corr 
tion 


ARTICLE  II; 

LOCAL  BOAKDS  OF  HEALTH. 

Section  20.  Local  boards  of  health. 

21 .  General  powers  and  duties  of  local  boards 

of  health.  , 

22.  Vital  statistics. 


Chapter  661,  Laws  of  1893.  213 

23.  Burials  and  burial  permits. 

24.  Contagious  and  infectious  diseases. 

25.  Nuisances. 

26.  Removal  of  nuisances. 

27.  Expense  of  abatement  of  nuisances  a  lien 

upon  the  premises. 

28.  Manufactures   in  tenement   houses  and 

dwellings. 

29.  Jurisdiction  of  town  and  village  boards. 

§  20.  Local  boards  of  health.     There  shall 
continue  to  be  local  boards  of  health  and  health  offi- 
cers in  the  several  cities,  villages  and  towns  of  the 
state.    In  the  cities  except  New  York,  Brooklyn,  Local 
Buffalo,  Albany  and  Yonkers,  the  board  shall  con- £°ards 
sist  of  the  mayor  of  the  city,  who  shall  be  its  presi-  due?  m 
dent,  and,  at  least  six  other  persons,  one  of  whom 
shall  be  a  competent  physician,  who  shall  be  appointed 
by  the  common  council,  upon  the  nomination  of  the 
mayor,  and  shall  hold  office  for  three  years.    Appoint-  Terms  of 
merits  of  members  of  such  boards  shall  be  made  f0rmembers 
such  shorter  terms  as  at  any  time  may  be  necessary, 
in  order  that  the  terms  of  two  appointed  members 
shall  expire  annually.    The  board  shall  appoint  a 
competent  physician, not  one  of  its  members,  to  be  the 
health  officer  of  the  city,   (In  villages  the  board  shall  Village 
consist  of  not  less  than  three  nor  more  than  seven boards- 
persons,  not  trustees  of  the  village,  who  shall  be 
appointed  at  the  first  meeting  of  the  board  of  trustees 
of  such  village,  after  the  next  annual  election  of  the 
village ;    the  members  of  said  board  of  health  shall  at 
their  first  meeting  divide  themselves  by  lot  into  three 
classes,  whose  terms  of  office  shall  expire  respectively 
in  one,  two  and  three  years  from  the  annual  election 
held  prior  to  their  appointment ;  from  and  after  the 
appointment  of  said  board  as  above  provided,  the 


Town 
boards 


214  Laws  of  the  City  of  Cohoes. 

appointment  of  the  successors  of  said  members  shall 
be  made  immediately  after  the  annual  elections  of  said 
village  and  shall  continue  in  office  until  their  success- 
ors are  appointed  unless  removed  therefrom ;  provi- 
ded, however,  that  upon  failure  to  appoint  such  board 
of  health  at  such  first  meeting  such  appointment  may 
be  made  by  the  county  judge  as  hereinafter  provided. 
Every  such  village  board  shall  elect  a  presi- 
dent and  appoint  a  competent  physician,  not  a 
member  of  the  board,  to  be  the  health  officer  of  the 
village.  In  towns  the  board  of  health  shall  consist  of 
the  town  board  and  another  citizen  of  the  town  of  full 
age,  annually  appointed  by  the  town  board  at  a  meet- 
ing to  be  held  by  it  within  thirty  days  after  the  annual 
town  meeting,  for  the  term  of  one  year  from  and  after 
such  town  meeting  and  until  his  successor  is 
appointed.  Such  board  of  health  shall  annually 
appoint  a  competent  physician,  to  be  the  health  officer 
vacancies,  of  the  town.)  If  the  proper  authorities  shall  not  fill 
wh^nnoetd'  any  vacancies  occurring  in  any  local  board  within 
K by  thirty  days  after  the  happening  of  such  vacancy, 
authorises.  ^  county  j  a&gQ  0f  the  county  shall  appoint  a  com- 
petent person  to  fill  the  vacancy  for  the  unexpired 
term,  which  appointment  shall  be  immediately  filed 
in  the  office  of  the  county  clerk  and  a  duplicate 
thereof  filed  with  the  clerk  of  the  municipality  for 
which  such  appointment  is  made.  Notice  of  the 
membership  and  organization  of  every  local  board 
of  health  shall  be  forthwith  given  by  such  board  to  the 
state  board  of  health.  The  term  ' '  municipality, ' '  when 
used  in  this  article,  means  the  city,  village  or  town 
for  which  any  such  local  board  may  be  or  is 
appointed. 

(As  amended  by  §  1,  Chapter  282,  Laws  of  1897. 
Previously  amended  by  Chapter  268,  Laws  of  1894, 
and  Chapter  584,  Laws  of  1895.) 


Definition 
of 

municipal 


Chapter  661,  Laws  or  1893.  215 
§  21.  General  powers  and  duties  of  local  Meetings 

x  of  board. 

boards  of  health.      Every   such  local   board  of 
health  shall  meet  at  stated  intervals  to  be  fixed  by  it, 
in  the  municipality.    The  presiding  officer  of  every 
such  board  may  call  special  meetings  thereof  where 
in  his  judgment  the  protection  of  the  public  health  of 
the  municipality  requires  it,  and  he  shall  call  such 
meeting  upon  the  petition   of  at  least  twenty-five 
residents  thereof,  of  full  age,  setting  forth  the  neces- 
sity of  such  meeting.    Every  such  local  board  shall  p°eYCribe 
prescribe  the  duties  and  powers  of  the  local  health  of  Health0' 
officer,  who  shall  be  its  chief  executive  officer,  and  °fficer' 
direct  him  in  the  performance  of  his  duties,  and  fix 
his  compensation.    Every  such  local  board  shall  make  Rule,sa.nd 

x  ^  regulations. 

and  publish  from  time  to  time  all  such  orders  and 
regulations  as  they  may  deem  necessary  and  proper 
for  the  preservation  of  life  and  health,  and  the  execu- 
tion and  enforcement  of  the  public  health  law  in  the 
municipality.     It  shall  make  without   publication  orders  for 

suppression 

thereof ,  such  orders  and  regulations  for  the  suppression  of  nuisances 
of  nuisances,  and  concerning  all  other  matters  in  its 
judgment  detrimental  to  the  public  health  in  special 
or  individual  cases,  not  of  general  application,  and 
serve  copies  thereof  upon  the  owner  or  occupant  of 
any  premises  whereon  such  nuisances  or  other  matters 
may  exist,  or  post  the  same  in  some  conspicuous  place 
thereon.  It  may  employ  such  persons  as  shall  beEnforce- 
necessary  to  enable  it  to  carry  into  effect  its  orders  s*me 
and  regulations,  and  fix  their  compensation.  It  may 
issue  subpoenas,  compel  the  attendance  of  witnesses, 
administer  oaths  to  witnesses  and  compel  them  to 
testify,  and  for  such  purposes  it  shall  have  the  same 
powers  as  a  justice  of  the  peace  of  the  State  in  a  civil 
action  of  which  he  has  jurisdiction.  It  may  designate 
by  resolution  one  of  its  members  to  sign  and  issue 
such  subpoenas.  No  subpoena  shall  be  served  outside 
the  jurisdiction  of  the  board  issuing  it,  and  no  witness 
shall  be  interrogated  or  compelled  to  ^testify  upon 


216  Laws  of  the  City  of  Cohoes. 

matters  not  related  to  the  public  health.  It  may  issue 
warrants  to  any  constable  or  policeman  of  the  munici- 
pality to  apprehend  and  remove  such  persons  as  can 
not  otherwise  be  subjected  to  its  orders  or  regulations 
and  a  warrant  to  the  sheriff  of  the  county  to  bring  to 
its  aid  the  power  of  the  county  whenever  it  shall  be 
necessary  to  do  so.  Every  warrant  shall  be  forthwith 
executed  by  the  officer  to  whom  directed,  who  shall 
have  the  same  powers  and  be  subject  to  the  same 
duties  in  the  execution  thereof,  as  if  it  had  been  duly 
penalties  issued  out  of  a  court  of  record  of  the  State.  Every 
ladoTof    such  local  board  may  prescribe  and  impose  penalties 

orders  etc 

for  the  violation  of  or  failure  to  comply  with  any  of 
its  orders  or  regulations,  not  exceeding  one  hundred 
dollars  for  a  single  violation  or  failure,  to  be  sued  for 
and  recovered  by  it  in  the  name  and  for  the  benefit  of 
the  municipality;  and  to  maintain  actions  in  any 
court  of  competent  jurisdiction  to  restrain  by  injunc- 
tion such  violations,  or  otherwise  to  enforce  such 
sewers  in  orders  and  regulations.  Whenever  such  local  board 
V!  agCS  of  health  in  any  incorporated  village  shall  deem  the 
sewers  of  such  village  insufficient  to  properly  and  safely 
sewer  such  village,  and  protect  the  public  health,  it 
shall  certify  such  fact  in  writing  to  the  board  of  trus- 
tees of  such  village,  stating  and  recommending  what 
additions  or  alterations  should  in  the  judgment  of 
said  board  of  health  be  made  with  its  reasons  there- 
certincates  f0r,  and  thereupon  such  board  of  trustees  shall 
board e  immediately  convene  and  consider  such  recommenda- 
tions, and  if  approved  by  such  board  of  trustees,  the 
same  shall  be  certified  to  the  state  board  of  health  for 
its  approval,  and  if  such  recommendations  shall  be 
approved  bv  the  state  board  of  health,  it  shall  be  the 
duty  of  the  board  of  trustees  of  such  village  to  forth- 
with make  such  additions  to  or  alterations  in  the 
sewers  of  such  village  and  execute  such  recommenda- 
Expenses,  tion,  and  the  expenses  thereof  shall  be  paid  for  by 

how  paid.  ,  Mi 

said   village  in  the  same  manner  as  other  village 


Chapter  661,  Laws  of  1893.  217 

expenses  are  paid  and  said  village  is  hereby  author- 
ized to  raise  such  sum  as  may  be  necessary  for  the 
payment  of  the  expenses  incurred,  as  herein  provided, 
in  addition  to  the  amount  such  village  is  now  author- 
ized to  raise  by  law  for  corporation  purposes,  and  such 
board  of  trustees  shall  have  the  right  to  acquire  such 
lands,  rights  of  way,  or  other  easements,  by  gift,  or 
purchase,  or  in  case  the  same  can  not  be  acquired  by 
purchase  the  board  of  trustees  may  acquire  the  same 
by  condemnation  in  the  manner  provided  by  law. 

(As  amended  by  §  1,  Chapters  203  and  928,  Laws  of 
1895.) 

§  22.  Vital  statistics.    Every  such  local  board 

Registra- 

1     n  •  -j  i  tion  of 

shall  supervise  and  make  complete  the  registration  ofbirths^etc 
all  births,  marriages  and  deaths  occurring  within  the 
municipality,  and  the  cause  of  death  and  the  finding 
of  coroners'  juries,  in  accordance  with  the  methods 
and  forms  prescribed  by  the  state  board  of  health,  and, 
after  registration,  promptly  forward  the  certificates  of 
such  births,  marriages  and  deaths  to  the  state  bureau 
of  vital  statistics.  Every  physician  or  midwife  Physicians, 
attending  at  a  birth  of  a  child,  and  no  physician  or  mid-  ^bfrth?to 

1     r  certify  same 

wife  being  in  attendance,  the  parent  or  custodian  of  a 
child  born,  and  every  groom,  officiating  clergyman  or 
magistrate  at  every  marriage  shall  cause  a  certificate 
of  such  birth  or  marriage  to  be  returned  within  thirty 
days  thereafter  to  the  local  board  of  health  or  person 
designated  by  it  to  receive  the  same,  which  shall  be 
attested,  if  a  birth,  by  the  physician  or  midwife,  if 
any  in  attendance,  no  physician  or  midwife  being  in 
attendance,  by  the  parent  or  custodian  of  a  child 
born,  and,  if  a  marriage,  by  the  officiating  clergyman 
or  magistrate.  The  person  making  such  certificate  Fees  for 
shall  be  entitled  to  the  sum  of  twenty-five  cents  there-  certificate, 
for,  which  shall  be  a  charge  upon,  and  paid  by  the 
municipality  where  such  birth,  marriage  or  death 
occurred.       The    cost     of    such    registration,  not  cost  a 

°  charge  on 

the  city. 


218  Laws  of  the  City  of  Cohoes. 

exceeding  twenty-five  cents  for  the  complete  regis- 
tered record  of  a  birth,  marriage  or  death,  shall  be  a 
charge  for  charge  upon  the  municipality.    The  charge  for  a  copy 
ffi  by  e  thereof  shall  be  fixed  by  the  board,  not  exceeding  the 

board. 

same  sum  for  the  complete  copy  of  a  single  registered 
record  and  the  additional  sum  of  twenty-five  cents  if 
fiT™fshedbe  certified  to.  Such  copies  shall  be  furnished  upon 
request  of  any  person,  and  when  certified  to  be  correct 
by  the  president  or  secretary  of  the  board  or  local 
registering  officer  designated  by  it  shall  be  presump- 
tive evidence  in  all  courts  and  places  of  the  facts 
therein  stated. 

(As  amended  by  §  1,  Chapter  138,  Laws  of  1897. 
Previously  amended  by  Chapter  679,  Laws  of  1894.) 


burial  and 
removal  of 
corpses. 


Sfor  §  23 •  Burial  and  burial  permits.  Every  such 
local  board  shall  prescribe  sanitary  regulations  for  the 
burial  and  removal  of  corpses,  and  shall  designate  the 
persons  who  shall  grant  permits  for  such  burial,  and 
permits  for  the  transportation  of  any  corpse  which  is 
to  be  carried  for  burial  beyond  the  county  where  the 
same  in     death  occurred.    Where  such  persons  are  appointed 

towns. 

by  the  board  of  health  of  any  town,  one  of  such  per- 
sons shall  be  the  town  clerk  of  such  town. 
ofedeatCh,tes  Every  undertaker,  sexton  or  other  person 
procured"  having  charge  of  any  corpse,  shall  procure  a 
Undertaker,  certificate  of  the  death  and  the  probable  cause  duly 
certified  by  the  physician  in  attendance  upon  the 
deceased  during  his  last  illness,  or  by  the  coroner 
where  an  inquisition  is  required  by  law,  and  if  no 
physician  was  in  attendance,  and  no  inquest  has  been 
held  or  required  by  law,  an  affidavit  stating  the  cir- 
cumstances, time  and  cause  of  death,  and  sworn  to 
by  some  credible  person  known  to  the  officer  granting 
the  permit,  and  there  shall  be  no  burial  or  removal  of 
a  corpse  until  such  certificate  or  affidavit  has  been  pre- 
sented to  the  local  board  or  to  the  person  designated 
by  it,  and  thereupon  a  permit  for  such  burial  or 


etc 


Chapter  661,  Laws  of  1893.  219 
removal  has  been  obtained.     When  application  is  caskets 

_  .  '  transported 

made  tor  a  permit  to  transport  a  corpse  over  any  rail-  on  railways 
^  .tit/  an(j  on 

road  or  npon  any  passenger  steamboat  within  tlie^e*™boats 
state,  the  board  of  health,  or  the  officers  to  whom  ^,end' 
such  application  is  made,  shall  require  such  corpse 
to  be  inclosed  in  a  hermetically  sealed  casket  of  metal 
or  other  indestructible  material,  if  the  cause  of  death 
shall  have  been  from  a  contagious  or  infectious 
disease. 

(As  amended  by  §  1,  Chapter  211,  Laws  of  1899.) 
§  24.  Contagious  and  infections  diseases. 

Every  such  local  board  of  health  shall  guard,  against  Duty  of 
the  introduction  of  contagious  and  infectious  diseases  as  to  spread 

of  conta- 

by  the  exercise  of  proper  and  vigilant  medical  inspec-  ^j°euasses 
tion  and  control  of  all  persons  and  things  arriving 
in  the  municipality  from  infected  places,  or  which 
from  any  cause  are  liable  to  communicate  contagion. 
It  shall  require  the  isolation  of  all  persons  and  things 
infected  with  or  exposed  to  such  diseases,  and  provide 
suitable  places  for  the  treatment  and  care  of  sick  per- 
sons who  can  not  otherwise  be  provided  for.    It  shall 
prohibit  and  prevent  all  intercourse  and  communica- 
tion with  or  use  of  infected  premises,  places  and 
things,  and  require,  and,  if  necessary,  provide  the 
means  for  the  thorough  purification  and  cleansing  of 
the  same  before  general  intercourse  with  the  same  or 
use  thereof  shall  be  allowed.    It  shall  report  to  the  Local  board 
state  board  of  health,  promptly,  the  facts  relating  to  facts  to 
contagious  and  infectious  diseases,  and  every  case  of 
small-pox   or   varioloid    within   the  municipality. 
Health  officers  of  villages  and  towns  shall  report  in  Duty  of 
writing  once  a  month  to  the  state  board  of  health  all  cer  in  villa- 
cases  of  such  infectious  and  contagious  diseases  as^^ns" 
may  be  required  by  the  state  board  of  health,  and  for 
such  reporting  the  health  officer  shall  be  paid  by  theFeesof 


to  report 
facts  to 
State  board 


municipality  employing  him,  upon  the  certification  of 
the  state  board  of  health,  a  sum  not  to  exceed  twenty 


health 
officer 
therefor. 


Consump 
tion. 


Board  to 
provide 


220  Laws  of  the  City  of  Cohoes. 

cents  for  each  case  so  reported  ;  and  the  health  officer 
shall  report  annually  on  or  before  the  first  day  of 
January  in  each  year  the  number  of  cases  of  consump- 
tion which  have  existed  in  his  jurisdiction  during 
that  year,  and  for  each  case  thus  reported  he  shall 
receive  a  sum  not  to  exceed  ten  cents,  to  be  paid  in 
the  same  manner  as  the  other  like  charges  are  paid. 
It  shall  provide,  at  stated  intervals,  a  suitable  supply 
of  vaccine  virus,  of  a  quality  and  from  a  source 
approved  by  the  state  board  of  health,  and  during  an 
actual  epidemic  of  small-pox  obtain  fresh  supplies  of 
snch  virus  at  intervals  not  exceeding  one  week,  and 
at  all  times  provide  thorough  and  safe  vaccination  for 
pestilential,  an  persons  in  need  of  the  same.  If  a  pestilential, 
infectious  or  contagious  disease  exists  in  any  county 
almshouse  or  its  vicinity,  and  the  physician  thereof 
shall  certify  that  such  disease  is  likely  to  endanger 
the  health  of  its  inmates,  the  county  superintendent 
of  the  poor  may  cause  such  inmates  or  any  of  them 
to  be  removed  to  such  other  suitable  place  in  the 
county  as  the  local  board  of  health  of  the  municipality 
where  the  almshouse  is  situated  may  designate  there 
to  be  maintained  and  provided  for  at  the  expense  of 
the  county,  with  all  necessary  medical  care  and 
attendance  until  they  shall  be  safely  returned  to  such 
almshouse  or  otherwise  discharged.  The  boards  of 
health  of  the  cities  of  New  York,  Brooklyn, 
Buffalo,  Albany  and  Yonkers,  shall  report  promptly 
to  the  state  board  all  cases  of  small-pox,  typhus  and 
yellow  fever  and  cholera  and  the  facts  relating 
thereto. 


eases  in 
almshouses. 


Local 
boards  to 
hear  com- 
plaint for 
nuisances. 


Powers 

concerning 

same. 


§  25.  Nuisances.  Every  such  local  board  shall 
receive  and  examine  into  all  complaints  made  by  any 
inhabitant  concerning  nuisances,  or  causes  of  danger 
or  injury  to  life  and  health  within  the  municipality, 
and  may  enter  upon  or  within  any  place  or  premises 
where  nuisances  or  conditions  dangerous  to  life  and 


upon  notice 
"rom  State 


Chapter  661,  Laws  of  1893.  221 

health  are  known  or  believed  to  exist,  and  by  its 
members  or  other  persons  designated  for  that  purpose, 
inspect  and  examine  the  same.  The  owners,  agents 
and  occupants  of  an y  such  premises  shall  permit  such 
sanitary  examinations  to  be  made,  and  the  board 
shall  furnish  such  owners,  agents  and  occupants  with 
a  written  statement  of  the  results  and  conclusions  of 
any  such  examination.  Every  such  local  board  shall 
order  the  suppression  and  removal  of  all  nuisances 
and  conditions  detrimental  to  life  and  health  found  to 
exist  within  the  municipality.    Whenever  the  state 

Local  board 

'  to  convene 

board  ol  health  or  its  president  and  secretary  shall  by  j 
notice  to  the  presiding  officer  of  any  local  board  of board 
health,  request  him  to  convene  such  local  board  to 
take  certain  definite  proceedings  concerning  which 
the  state  board  of  health  or  its  president  and  secre- 
tary shall  be  satisfied  that  the  action  recommended 
by  them  is  necessary  for  the  public  good,  and  is 
within  the  jurisdiction  of  such  board  of  health,  such 
presiding  officer  shall  convene  such  local  board,  which 
shall  take  the  action  recommended. 

§  26.  Removal  of  nuisances.  If  the  owner  or  suppression 
occupant  of  any  premises  fails  to  comply  with  any  removal  of 

x  1    "  J  nuisances. 

order  or  regulation  of  any  such  local  board  for  the 
suppression  and  removal  of  any  nuisance  or  other 
matter,  in  the  judgment  of  the  board  detrimental  to 
the  public  health,  made,  served  or  posted  as  required 
in  this  article,  such  boards  or  their  servants  or 
employes  may  enter  upon  the  premises  to  which  such 
order  or  regulation  relates,  and  suppress  or  remove 
such  nuisance  or  other  matter.  The  expense  of  such  Expense  of 
suppression  or  removal  shall  be  paid  by  the  owner  orsame 
occupant  of  such  premises,  or  by  the  person  who 
caused  or  maintained  such  nuisance  or  other  matters, 
and  the  board  may  maintain  an  action  in  the  name  of  Acti< 
the  municipality  to  recover  such  expense,  and  the 
same  when  recovered  shall  be  paid  to  the  treasurer  of 


iction  to 
recover. 


Publica 
tion  of 
notice. 


222  Laws  of  the  City  of  Cohoes. 

the  municipality,  or  if  it  has  no  treasurer  to  its  chief 
fiscal  officer,  to  be  held  and  used  as  the  funds  of  the 
municipality. 

judgment     §  27.  Expense  of  abatement  of  nuisances 
ior«lxpoTe  a  lien  upon  the  premises.    If  execution  upon  a 
premises.    jU(jgment  for  the  recovery  of  the  expense  of  the  sup- 
pression or  removal  of  a  nuisance  or  other  matter, 
pursuant  to  an  order  or  regulation  of  any  such  local 
board,  is  returned  wholly  or  in  part  unsatisfied,  such 
judgment,  if   docketed  in  the   place   and  manner 
required  by  law  to  make  a  judgment  of  a  court  of 
record  a  lien  upon  real  property,  shall  be  a  first  lien 
upon  such  premises,  having  preference  over  all  other 
sale  ?f     liens  and  incumbrances  whatever.    The  board  may 
cause  such  premises  to  be  sold  for  a  term  of  time  for 
the  payment  and  satisfaction  of  such  lien  and  the 
expenses  of  the  sale.    Notice  of  such  sale  shall  be 
published  for  twelve  weeks  successively,  at  least  once 
in  each  week,  in  a  newspaper  of  the  city,  village  or 
town,  or  if  no  newspaper  is  published  therein,  in  the 
service     newspaper  published  nearest  to  such  premises.  If 
the  owner  or  occupant  of  the  premises,  or  his  agent, 
is  known,  a  copy  of  such  notice  shall  be  served  upon 
him,  either  personally,  at  least  fourteen  days  previous 
to  the  sale,  or  by  mail  at  least  twenty-eight  days 
purchaser,  prior  thereto.    The  premises  shall  be  sold  to  the  person 
offering  to  take  them   for  the  shortest  time,  pay- 
ing the  amount  unpaid  on  such  judgment  and  interest 
Certificate  and  the  expenses  of  such  notice  and  sale.    A  certifi- 
°f  sae'     cate  of  the  sale,  signed  and  acknowledged  by  the 
president  and  secretary  of  the  board,   shall  be  made 
and  delivered  to  the  purchaser,  and  may  be  recorded 
Right  of    as  a  conveyance  of  real  property,  and  the  purchaser 
toUposslsssr  mav  thereupon  be  entitled  to  the  immediate  possession 

premises.  J'  x  . 

of  such  premises,  and,  if  occupied,  may  maintain  an 
action  or  proceeding  to  recover  the  possession  thereof 
against  the  occupant,  as  against  a  tenant  of  real  prop- 
erty holding  over  after  the  expiration  of  his  term ; 


Hon  of 

:mises. 


Chapter  661,  Laws  of  1893.  223 

and  the  cost  of  any  such  action  or  proceeding,  if  not 
paid  by  the  occupant,  shall  also  be  a  lien  upon  such 
premises,  having  the  same  preference  as  the  lien  of 
such  judgment,  and  the  right  of  the  purchaser  to  such 
premises  shall  be  extended  for  a  longer  term,  which 
shall  bear  the  same  proportion  to  the  original  term  as 
the  amount  of  such  costs  bears  to  the  amount  paid  by 
the  purchaser  on  such  sale.  The  term  of  the  pur-  Term  of 
chaser  at  any  such  sale  shall  commence  when  he  shall purchaser 
have  acquired  possession  of  the  premises  sold.  AtRedemp- 
ahy  time  within  six  months  after  recording  such  cer-  pre" 
tiflcate,  the  owner  of  the  premises  or  any  lessee,  mort- 
gagee or  incumbrancer  thereof,  or  of  any  part  of  the 
same,  may  redeem  the  premises  or  any  such  part  from 
such  sale  by  paying  to  the  purchaser  the  amount  paid 
by  him  on  the  sale,  and  all  costs  and  expenses 
incurred  by  him  in  any  action  or  proceeding  to  recover 
possession  with  interest  at  the  rate  of  ten  per  cent,  per 
annum  thereon.  If  redemption  is  made  by  the  owner, 
the  right  of  the  purchaser  shall  be  extinguished  ;  if  by 
a  lessee,  the  amount  paid  shall  be  applied  as  a  pay- 
ment upon  any  rent  due  or  which  may  accrue  upon 
his  lease;  if  by  a  mortgagee  or  an  incumbrancer,  the 
amount  paid  shall  be  added  to  his  mortgage,  incum- 
brance or  other  lien,  or  if  he  have  mure  than  one  to 
the  oldest,  and  shall  thereafter  be  a  part  of  such 
mortgage,  lien  or  incumbrance  and  enforceable  as 
such. 

§  28.  Manufactures  in  tenement  houses 
and  dwellings.  No  room  or  apartment  in  a  tene-  Iu 
ment  or  dwelling  house,  used  for  eating  or  sleeping 
purposes,  shall  be  used  for  the  manufacture,  wholly  °"gs 
or  partly,  of  coats,  vests,  trousers,  knee-pants,  over- 
alls, cloaks,  shirts,  purses,  feathers,  artificial  flowers 
or  cigars,  except  by  the  members  of  the  family  living 
therein,  which  shall  include  a  husband  and  wife  and 
their  children,  or  the  children  of  either.    A  family  Notice  by 

family. 


Manufac- 
tures not  to 

carried 
on  in  dwell- 


224  Laws  of  the  City  of  Cohoes. 

occupying  or  controlling  such  a  workshop  shall, 
within  fourteen  days  from  the  time  of  beginning  work 
therein,  notify  the  board  of  health  of  the  city,  village 

special     or  town,  where  such  workshop  is  located,  or  a  special 

inspection.  inspector  app0inted  by  such  board,  of  the  location  of 
such  workshops,  the  nature  of  the  work  carried  on, 
and  the  number  of  persons  employed  therein ;  and 

permits,  thereupon  such  board  shall,  if  it  deems  advisable, 
cause  a  permit  to  be  issued  to  such  family  to  carry  on 
the  manufacture  specified  in  the  notice.  Such  board 
may  appoint  as  many  persons  as  it  deems  advisable  to 

no compen- act  as  special   inspectors.    Such  special  inspectors 

sation  to  1  ,  . 

special      shall  receive  no  compensation,  but  may  be  paid  by 

inspectors.  J 

the  board  their  reasonable  and  necessary  expenses, 
nuty  of  If  a  board  of  health  or  such  inspector  shall  find  evi- 
if°dSSaseetis  denee  of  infectious  or  contagious  diseases  present  in 

discovered  , 

in  work-  any  workshop,  or  m  goods  manufactured  or  in  pro- 
cess of  manufacture  therein  the  board  shall  issue  such 
orders  as  the  public  health  may  require,  and  shall 
condemn  and  destroy  such  infectious  and  contagious 
articles,  and  may,  if  necessary  to  protect  the  public 
health,  revoke  any  permit  granted  by  it  for  manufac- 
turing goods  in  such  workshop.  If  a  board  of  health 
or  any  such  inspector  shall  discover  that  any  such 
goods  are  being  brought  into  the  state,  having  been 
manufactured  in  whole  or  in  part,  under  unhealthy 
conditions,  such  board  or  inspector  shall  examine 
such  goods,  and  if  they  are  found  to  contain  vermin, 
or  to  have  been  made  in  improper  places  or  under 
unhealthy  conditions,  the  board  may  make  such 
orders  as  the  public  health  may  require,  and  may 
condemn  and  destroy  such  goods. 

§  29.  Jurisdiction    of  town   and  village 
boards.    A  town  board  of  health  shall  not  have 
rds      jarisdiction   over  any  city  or  incorporated  village 
or  part  of  such    city  or    village  in    such   town  if 
such  city  or  village  has  an  organized  board  of  health. 


Jurisdic- 
tion of 
town  and 
village 


Chapter  661,  Laws  of  1893.  225 

The  boards  of  health  of  any  town  and  the  incorporated 
villages  therein,  or  any  two  or  more  towns  and  the 
incorporated  villages  therein,  may  unite,  with  the 
written  approval  of  the  state  board  of  health,  in  a 
combined  sanitary  and  registration  district,  and 
appoint  for  such  district  one  health  officer  and  regis- 
tering officer,  whose  authority  in  all  matters  of  general 
application  shall  be  derived  from  the  boards  of 
health  appointing  him;  and  in  special  cases  not  of 
general  application  arising  within  the  jurisdiction  of 
but  one  board  shall  be  derived  from  such  board  alone. 
When  one  or  more  towns  and  the  incorporated  vil- 
lages therein  unite  in  one  registration  district,  the 
registrar  of.  vital  statistics  of  such  combined  district 
will  be  required  to  make  separate  returns  to  the  state 
board  of  health. of  village  and  town  certificates  of 
births,  marriages  and  deaths. 

(As  amended  by  §  1,  Chapter  169,  Laws  of  1897.) 

Note:— The  remainder  of  this  act,  except  the  two  following  sections,  is  not  directly 
applicable  to  the  city  of  Cohoes. 


ARTICLE  XII. 

MISCELLANEOUS  PROVISIONS. 

Section  210.  Vaccination  of  school  children. 
211.  Appointment  of  physician. 

§  210.  Vaccination  of  school  children.  No  Vaccin; 
child  or  person  not  vaccinated  shall  be  admitted  Or  childrei 
.received  into  any  of  the  public  schools  of  the  state, 
and  the  trustees  or  other  officers  having  the  charge, 
management  or  control  of  such  school  shall  cause  this 
provision  of  law  to  be  enforced.  They  may  adopt  a 
resolution  excluding  such  children  and  persons  not 
vaccinated  from  such  school  until  vaccinated,  and 
when  any  such  resolution  has  been  adopted,  they 
shall  give  at  least  ten  days'  notice  thereof,  by  posting 
copies  of  the  same  in  at  least  two  public  and  conspicuous 
places  within  the  limits  of  the  school  government, 


Appoint- 
ment of 
physician 
to  vaccinate 
children. 


226  Laws  of  the  City  or  Cohoes. 

and  shall  announce  therein  that  due  provision  has 
been  made,  specifying  it,  for  the  vaccination  of  any 
child  or  person  of  suitable  age  desiring  to  attend 
the  school,  and  whose  parents  or  guardians  are  unable 
to  procure  vaccination  for  them,  or  who  are,  by  reason 
of  poverty,  exempted  from  taxation  in  such  district, 

(Formerly  §  200.    Renumbered  by  §  2,  Chapter  667, 
Laws  of  1900.) 

§  211.  Appointment  of  physician.  Such 
trustees  or  board  may  appoint  a  competent  physician 
and  fix  his  compensation,  who  shall  ascertain  the 
number  of  children  or  persons  in  a  school  district,  or 
in  a  subdivision  of  a  city  school  government,  of  suita- 
ble age  to  attend  the  common  schools,  who  have  not 
been  vaccinated  and  furnish  such  trustees  or  board  a 
list  of  their  names.    Every  such  physician  shall  pro- 
vide himself  with  good  and  reliable  vaccine  virus  with 
which  to  vaccinate  such  children  or  persons  *  such 
trustees  or  board  shall  direct,  and  give  certificates  of 
vaccination  when  required,  which  shall  be  evidence 
that  the  child  or  person  to  whom  given  has  been  vac- 
cinated.     The   expenses  incurred  in  carrying  into 
effect  the  provisions  of  this  and  the  preceding  section, 
shall  be  deemed  a  part  of  the  expense  of  maintaining 
such  school,  and  shall  be  levied  and  collected  in  the 
same  manaer  as  other  school  expenses.    The  trustees 
of  the  several  school  districts  of  the  state  shall  include 
in  their  annual  report  the  number  of  vaccinated  and 
unvaccinated  children  of  school  age  in  their  respective 
districts. 

(Formerly  §  201.     Renumbered  by  §  2,  Chapter 
667,  Laws  of  1900.) 

NoxE:-In  relation  to  employment  of  minors  in  factories,  etc.,  see  Article  VI  of  the 
labor  law  (Chapter  415,  Laws  of  1897). 

For  provisions  of  law  relative  to  the  employment  of  women  and  children  in  mercan- 
tile establishments,  see  Article  XI  of  the  labor  law  (Chapter  415,  Laws  of  1897). 


*  Space  in  the  original,  "as"  apparently  omitted. 


THE  GENERAL  CITY  LAW. 


CHAPTER  327,  LAWS  OF  1900. 

An  Act  in  relation  to   cities,    constituting  chapter 
twenty -two  of  the  general  laws. 

Became  a  law  April  6,  1900,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

ARTICLE  I. 

GENERAL  PROVISIONS. 

Section  1.  Short  title. 

2.  Term  of  office  of  city  supervisors. 

3.  City  officers  not  to  be  interested  in  con- 

tracts. 

4.  Certain  parades  and  processions  forbidden  ; 

penalty. 

5.  Swearing  witnesses. 

6.  Summoning  witnesses. 

7.  Attachment  for  witness  in  contempt;  pro- 

ceedings thereon. 

8.  Licenses  for  retailing  goods  on  boats. 

10.  Moneys  for  Memorial  Day  in  cities  of  the 

third  class. 

11.  Moneys ;  how  expended. 

13.  Firemen  moving  from  one  city  to  another. 

14.  Term  of  service;  how  reckoned. 

227 


228  Laws  of  the  City  of  Cohoes. 

Section  1.  Short  title.     This  chapter  shall  be 
known  as  the  general  city  law. 

Termof       §  2.  Term  of  office  of  city  supervisors-  The 

Supervisors.  term  of  office  of  each  supervisor  hereafter  elected  in  a 
.    city  shall,  notwithstanding  the  provisions  of  such  city 
charter,  be  two  years,*  and  a  supervisor  shall  only  be 
elected  in  such  city  each  second  year  thereafter,  except 
to  fill  vacancies, 
officers  not    §  3  City  officers  not  to  be  interested  in 
iHnfrfcts  contracts.    No  member  of  the  common  council  of 
any  city  shall,  during  the  period  for  which  he  was 
elected,  be  capable  of  holding  under  the  appointment 
or  election  of  the  common   council  any  office  the 
emolutions  of  which  are  paid  from  the  city  treasury, 
or  paid  by  fees  or  compensation  directed  to  be  paid 
by  any  act  or  ordinance  of  the  common  council,  nor 
shall  the  mayor  or  any  alderman,  school  commissioner 
or  other  public  officer  of  any  city  be  directly  or 
indirectly  interested  either  as  principal,  surety  or 
otherwise,  in  any  contract,  the  expense  or  considera- 
tion whereof  is  payable  out  of  the  city  treasury,  but 
this  section  shall  not  affect  the  right  to  any  fees  or 
penalty,    emoluments  belonging  to  any  office.    An  officer  of 
any  city  who  violates  any  provision  of  this  section 
shall  be  guilty  of  a  misdemeanor  and  on  conviction 
thereof  his  office  shall  be  vacant. 

parades       a  4.  Certain  parades  and  processions  for- 

forbidden.  ■*•  "      -  .  -, 

bidden;  penalty.  All  processions  or  parades  occu- 
pying or  marching  on  any  street  of  any  city  to  the 
exclusion  or  interruption  of  other  citizens  in  their  indi- 
vidual right  and  use  thereof  (excepting  the  National 
Guard  and  the  police  and  fire  departments,  and  the 
Regulated,  associations  of  veteran  soldiers)  are  forbidden,  unless 
written  notice  of  the  object,  time  and  route  of  su  ch  pro- 
cession or  parade  be  given  by  the  chief  officer  thereof, 
not  less  than  six  hours  previous  to  its  forming  or  march- 
ing, to  the  police  authorities  of  such  city, and  such  police 


Chapter  327,  Laws  of  1900.  229 

authorities  may  designate  to  such  procession  or  parade 
how  much  of  the  street  in  width  it  can  occupy  with 
especial  reference  to  crowded  thoroughfares  through 
which  such  procession  may  move;  and,  when  so 
designated,  the  chief  officer  of  such  procession  or 
parade  shall  be  responsible  that  the  designation  is 
obeyed  ;  and  it  shall  be  the  duty  of  the  police  authori- 
ties to  furnish  such  escort  as  may  be  necessary  to 
protect  persons  and  property  and  maintain  the  public 
peace  and  order.  A  person  wilfully  violating  any  Penalty  tor 
provision  of  this  section  shall  be  guilty  of  a  misde-  Sis^ecUon. 
meanor,  punishable  by  a  fine  of  not  exceeding  twenty 
dollars  or  imprisonment  not  exceeding  ten  days,  or 
both. 

§  5.  Swearing:  witnesses.  Whenever  the  com-  investiga- 

°  ting,  etc., 

fflon  council  of  a  city  shall  have  appointed  a  committee  committees 

J  x  1  of  common 

of  members  of  their  body  upon  any  subject  or  matter °°™eho 
within  the  jurisdiction  of  such  common  council,  or  to  witnesses, 
examine  any  officer  of  the  city,  in  relation  to  the  dis- 
charge of  his  official  duties,  or  to  the  receipt  or  dis- 
bursement by  him  of  any  moneys  by  him  in  the  dis- 
charge of  such  duties,  or  concerning  the  possession  or 
disposition  by  him,  in  his  official  capacity,  of  any 
property  belonging  to  the  city ;  or  to  use,  inspect  or 
examine  any  book,  account,  voucher  or  document,  in 
the  possession  or  under  his  control  as  such  officer, 
relating  to  the  affairs  or  interests  of  such  city, 
the  chairman  of  such  committee  is  authorized  to 
administer  oaths  to  all  such  witnesses  as  may  appear 
or  be  brought  before  such  committee. 

§  6.  Summoning  witnesses,  On  application  by  Summoning 
the  chairman  or  a  majority  of  any  such  committee  ^0wlnesses- 
a  justice  of  the  supreme  court  or  to  the  county  judge 
of  the  county  in  which  the  city  is  situate,  or  to  the 
recorder  of  such  city,  and  it  satisfactorily  appearing 
to  such  justice,  judge  or  recorder,  that  the  testimony 
of  any  witness  named,  residing  in  this  state,  is  or  may 


230  Laws  of  the  City  of  Cohoes. 

be  material  in  such  investigation  or  inquiry,  such 
justice,  judge  or  recorder,  shall  issue  a  summons  to 
such  witness,  requiring  him  to  appear  before  such 
committee  to  testify  in  the  matter  of  such  investiga- 
tion or  inquiry  at  a  time  and  place  within  such  city  to 
be  specified  in  such  summons.  Such  summons  shall 
be  served  by  showing  to  the  witness  the  original  sum- 
mons under  the  hand  of  the  officer  issuing  the  same, 
and  by  delivering  to  such  witness  a  copy  of  the  sum- 
mons, or  a  memorandum  containing  its  substance,  and 
paying  to  him  the  fees  of  witnesses  in  civil  actions  in 
courts  of  record. 
Attach-       §  7.  Attachment  for  witness  in  contempt ; 

ments  for  .  „  . 

contempt,  proceedings  thereon.  It  a  witness  shall  tail  to 
attend,  as  directed  by  such  summons,  the  justice  or 
officer  issuing  the  summons,  on  due  proof  of  the  service 
thereof,  and  of  the  failure  of  such  witness  to  appear, 
or  to  produce  such  books  and  papers,  according  to 
the  direction  of  such  subpoena,  or  shall  refuse  to 
testify  before  such  committee,  or  to  answer  any 
question  which  a  majority  thereof  shall  decide  to  be 
proper  and  pertinent,  he  shall  be  deemed  in  contempt, 
and  it  shall  be  the  duty  of  such  justice  or  officer  to 
issue  an  attachment,  in  the  form  usual  in  the  court 
of  which  he  shall  be  judge,  directed  to  the  sheriff  of 
the  county  where  such  witness  was  required  to  appear 
and  testify,  commanding  such  sheriff  to  attach  such 
person  and  forthwith  bring  him  before  such  justice 
Proceed-  or  officer.  On  the  return  of  the  attachment,  and  the 
mgst  ereon  pro(jnc^on  Qf  body  of  the  defendant,  such  justice 
or  officer  shall  have  jurisdiction  of  the  matter,  and 
the  person  charged  may  purge  himself  of  the  contempt 
in  the  same  way,  and  the  same  proceeding  shall  be 
had,  and  the  same  penalties  may  be  imposed,  and  the 
same  punishment  inflicted  as  in  cases  of  a  witness 
subpoenaed  to  appear  and  give  evidence  on  the  trial 
of  a  civil  action  before  a  trial  or  special  term  of  the 
supreme  court. 


Chapter  327,  Laws  of  1900.  231 

§  8.  Licenses  for  retailing  goods  on  "boats.  J^sne|for 

The  common  council  of  any  city  may  charge  and  collect  g°°tdss  on 
a  license  fee  from  any  person  doing  a  retail  business  in 
the  sale  of  goods  of  any  description,  except  products 
of  the  farm  and  unmanufactured  prod  nets  of  the 
forest,  from  canal  boats  on  the  canals  of  this  state  or 
from  the  lands  by  the  side  of  such  canals  and  within 
the  boundary  lines  of  such  city,  within  the  limits  of 
said  city.    The  common  council  shall  have  power  to  ^Suo 
fix  the  amount  to  be  charged  for  such  license  at  such  fix  charges 
sum  as  in  their  discretion  they  may  deem  just.  They 
shall  also  have  power  to  enforce  the  collection  of  such 
license  fees  in  the  same  manner  as  they  are  now  or 
may  be  severally  authorized  by  law  to  enforce  the 
collection  of  other  license  fees  which  they  are  author- 
ized  to   impose.    The   common  council  shall  have°r^™^es 
j)ower  to  adopt  laws  or  ordinances  to  prevent  any vio!ations- 
person  making  such  sale  without  first  obtaining  a 
license  and  to  punish  a  violation  thereof  by  a  tine  not 
exceeding  one  hundred  dollars  the  offender  to  be 
imprisoned  in  the  county  jail  until  such  fine  be  paid, 
not  exceeding,  however,  six  months. 

§  9.  [Applies  to  cities  of  the  second  class  only.] 

§  10.  Money  for  Memorial  day  in  cities  ofg°£*£f 
the  third  class.   The  common  council  of  any  city  of day 
the  third  class  is  hereby  authorized  to  appropriate  and 
set  aside  each  year  a  sum  not  exceeding  two  hundred 
dollars  for  the  purpose  of  providing  for  the  due  and 
proper  observance  of  Memorial  day  in  such  city. 

§  11.  Moneys;  how  expended.  The  money f™eeyxsp'en_ 
thus  appropriated  shall  be  expended  under  the  direction ded- 
of  a  board  composed  of  the  mayor  and  the  command- 
ers and  quarter-masters  of  the  Grand  Army  posts  of 
such  city.  The  whole  amount  of  such  money  appro- 
priated or  any  part  thereof  may  be  spent  by  such 
board  in  observance  of  Memorial  day.  Bills  properly 
verified  for  all  claims  and  expenditures  arising  under 


232  Laws  of  the  City  of  Cohoes. 

this  or  the  preceding  section,  shall  be  presented  to 
and  audited  by  such  board  and  shall  be  paid  by  the 
common  council  of  any  such  city.  The  moneys 
appropriated  shall  be  raised  by  tax  on  the  real  and 
personal  property  liable  to  taxation  in  any  such  city 
in  the  same  manner  as  the  ordinary  expenses  of  main- 
taining the  city  government. 

§  12.  [Applies  to  cities  of  the  first  class  only.] 

Firemen, re-    §13.  Firemen  moving  from  one  city  to 

from  one    another.    The  firemen  of  the  different  cities  of  this 

city  to  an-  *  .  , 

other-  state,  in  case  of  removal  from  one  city  to  another,, 
shall  be  allowed  the  time  which  they  have  served  as 
such  firemen  in  the  city  they  left,  in  the  city  to  which 
they  have  removed,  upon  producing  a  certificate  of 
such  service,  signed  by  the  chief  engineer  of  the  city 
so  left,  and  being  appointed  a  firemen  in  the  city  to 
which  they  have  removed. 

Term  of  §  14.  Term  of  service;  how  reckoned.  When 
servlce'  any  such  firemen  shall  have  served  as  such  for  so  long 
a  time  thereafter  as  shall  make  the  whole  term  of  ser- 
vice the  same  as  required  by  law  of  firemen  residing 
in  the  cities  removed  to,  he  shall  be  entitled  to  all 
the  privileges  and  exemptions  secured  by  law  to  the 
firemen  of  the  cities  of  Albany  and  New  York. 


ARTICLE  II. 

HEARING  ON  CITY  BILLS. 

Section  30.  Public  hearing. 

31.  Notice,  how  given*. 

32.  Hearing. 

33.  Return  by  mayor ;  contents  of  certificate. 

34.  Duties  of  clerk  on  return  of  mayor's  cer- 

tificate ;  endorsement  on  bill. 

35.  Expenses  of  hearing  to  be  a  city  charge. 


Chapter  327,  Laws  of  1900. 


233 


§  30.  Public  hearing.    Whenever  a  certified  copy  Hearing  < 
of  any  bill  for  a  special  city  law  shall  be  transmitted  blUs' 
to  the  mayor  of  a  city,  pursuant  to  the  provisions  of 
the  second  section  of  the  twelfth  article  of  the  consti- 
tution of  this  state,  the  mayor  of  such  city  shall 
forthwith  upon  the  receipt  of  such  bill  fix  a  day  for  a 
public  hearing  in  such  city  concerning  such  bill,  and 
cause  public  notice  of  the  time  and  place  of  such 
hearing  to  be  given.    In  a  city  of  the  first  class  such 
hearing  shall  be  before  the  mayor.    In  a  city  of  the 
second  or  third  class,  such  hearing  shall  be  before  the  whom 
mayor  and  the  legislative  body  of  such  city. 

§  31.  Notice,  how  given.  In  a  city  of  the  first  Notice  of 
class  such  notice  shall  be  given  by  the  mayor  by  causing heanng' 
such  notice  to  be  published  for  two  successive  days  in 
two  daily  newspapers  published  in  such  city,  to  be 
designated  by  him.  In  a  city  of  the  second  or  third 
class  such  notice  shall  be  given  by  the  mayor  by 
causing  such  notice  to  be  published  for  three  suc- 
cessive days  in  a  daily  newspaper  published  in  such 
city  to  be  designated  by  him,  and  he  shall  also  cause 
a  copy  of  such  notice  to  be  served  upon  each  member 
of  the  legislative  body  of  such  city,  either  personally 
or  by  mail  at  least  two  days  before  the  day  fixed  for 
such  public  hearing.  Such  notice  shall  also  contain 
the  title  of  the  bill  and  any  explanatory  statement 
concerning  the  same  which  the  mayor  shall  deem 
advisable. 

§  32.  Hearing.    In  a  city  of  the  first  class,  the 

Hearing. 

mayor,  and  in  a  city  of  the  second  or  third  class,  the 
mayor  and  the  legislative  body  of  such  city,  shall 
attend  at  the  time  and  place  appointed  for  such  hear- 
ing, and  shall  afford  an  opportunity  for  a  public  hear- 
ing concerning  such  bill. 

§  33.  Return  by  mayor ;  contents  of  certifi  -  Return  of 
cate.  After  such  hearing  and  within  fifteen  days  after  Snmcate. 
the  transmission  to  him  of  a  certified  copy  of  such  bill, 


234  Laws  of  the  City  of  Cohoes. 

the  mayor  shall  return  the  same  to  the  house  from 
which  it  was  sent,  or,  if  the  session  of  the  legislature 
at  which  such  bill  was  passed  has  terminated,  to  the 
governor  with  the  proper  certificates  attached,  stating 
whether  such  city  has  or  has  not  accepted  the  same. 
In  a  city  of  the  first  class  such  certificate  shall  be 
certificate,  signed  by  the  mayor.     In  a  city  of  the  second  or 
5*ST   third  class  such  certificate  shall  be  signed  by  the 
mayor  and  by  the  presiding  officer  of  the  legisla- 
tive body  of  such  city,  and  such  bill  shall  not  be 
deemed  to  have  been  accepted  by  such  city,  unless 
the  mayor  and  a  majority  of  the  legislative  body 
shall  concur  in  such  acceptance.    The  mayor  shall 
also  append  to  the  certified  copy  of  such  bill  a  fur- 
ther certificate  stating  that  the  public  notice  pro- 
vided for  has  been  given,  and  if  in  a  city  of  the  second 
or  third  class,  that  a  meeting  of  the  legislative  body 
has  been  held  pursuant  thereto,  and  that  an  opportu- 
nity for  a  public  hearing  concerning  such  bill  has  been 
offered  pursuant  to  the  provisions  of  the  preceding 
sections,    and  such   certificate   shall  be  conclusive 
evidence  thereof.    Each  certificate  required  under 
this  section  shall  be  under  the  seal  of  the  city. 

Duties  of  §  34.  Duties  of  clerk  on  return  of  mayor's 
clerk  certificate ;  endorsement  on  bill.  The  clerk  of 
the  house  in  which  such  bill  originated  shall  indorse 
upon  the  original  bill  to  be  presented  to  the  governor, 
upon  the  certified  copy  thereof  to  be  transmitted  to  the 
mayor,  the  date  of  such  transaction.  Such  clerk,  if 
the  certified  copy  of  such  bill  is  returned  to  the  house 
in  which  the  bill  originated,  or  the  governor,  if  such 
certified  copy  is  returned  to  him,  shall  indorse  the 
date  of  such  return  upon  such  original  bill  and  also 
upon  such  certified  copy  thereof.  In  every  case  in 
which  a  bill  for  a  special  city  law  has  been  accepted 
by  the  ciby  or  cities  to  which  it  relates,  the  certified 
copy  or  copies  thereof  transmitted  to  the  mayor  or 
mayors  of  such  city  or  cities  and  returned  by  him  or 


Chapter  327,  Laws  of  1900.  235 

them,  with  the  certificates  indorsed  thereon  or 
appended  thereto,  shall  be  attached  to  the  original 
bill  and  presented  therewith  to  the  governor. 

§  35.  Expenses  of  hearing  to  be  a  city 
charge.  The  necessary  expenses  incurred  by  a  city 
in  complying  with  the  requirements  of  this  article 
shall  be  a  city  charge  and  shall  be  paid  out  of  any 
fund  or  appropriation  applicable  thereto. 


ARTICLE  III. 

PLUMBING  AND  DRAINAGE. 

Section  40.  Examining  boards  of  plumbers  in  cities. 

41.  Term  of  office;  vacancies. 

42.  Compensation  of  members  of  board. 

43.  Qualifications. 

44.  Powers  and  duties. 

45.  Examinations ;  conducting  business  with- 

out certificate  prohibited. 

46.  Registration  when  required. 

47.  Cancellation  of  registration ;  notice. 

48.  Inspectors'  qualifications;  notice. 

49.  Duties  of  inspectors ;  reports. 

50.  Expiration  and  renewals  of  certificates  and 

licenses. 

51.  Notice  of  violation  of  rules. 

52.  Notice,  how  served;  proceedings  when 

violations  not  removed. 

53.  Plumbing  and  drainage  to  be  executed 

according  to  rules. 

54.  Office  room ;  expenses  a  city  charge. 

55.  Violations  how  punished. 

56.  Issue  of  licenses  to  connect  with  sewers 

and  water  mains,  restricted. 

57.  Article  limited. 


236 


Laws  of  the  City  of  Cohoes. 


Examining    §  40.  Examining  boards  of  plumbers  in 
plumbers,  cities.    The  existing  boards  for  the  examination  of 
plumbers  in  cities  of  this  state  are  continued  and  eacli 
shall  hereafter  be  known  as  the  examining  board  of 
how       plumbers.    Such  board  in  each  city  shall  continue  to 

composed.  . 

consist  of  five  persons  to  be  appointed  by  the  mayor,  ol 
whom  two  shall  be  employing  or  master  plumbers  of 
not  less  than  ten  years'  experience  in  the  business  of 
plumbing,  and  one  shall  be  a  journeyman  plumber  of 
like  experience,  and  the  other  members  of  such  board 
shall  be  the  chief  inspector  of  plumbing  and  drainage 
of  the  board  of  health  of  such  city,  or  officer  per- 
forming the  duties  of  such  inspector,  and  the  chief 
engineer  having  charge  of  sewers  in  such  city,  but  in 
the  event  of  there  being  no  such  officers  in  such  city, 
then  any  two  other  officers  having  charge  or  super- 
vision of  the  plumbing,  drainage  or  sewerage,  whom 
the  mayor  shall  designate  or  appoint,  or  two  members 
of  the  board  of  health  of  such  city  having  like  duties 
or  acting  in  like  capacities. 

Term  of  §  41.  Term  of  office ;  vacancies.  The  term  of 
office  of  such  member  of  such  board  shall  be  three 
years,  from  the  first  day  of  January  following  his 

Vacancies,  appointment.  Vacancies  occurring  by  expiration  of  a 
term  shall  be  filled  by  the  mayor  for  a  full  term. 
Vacancies  by  death,  removal,  inability  to  act,  resig- 
nation or  removal  from  the  city  of  any  member  shall 
be  filled  by  him  for  the  unexpired  term.  The  chief 
inspector  of  plumbing  and  drainage  and  the  engineer 
in  charge  of  sewers  or  the  officers  holding  equivalent 
positions  or  acting  in  like  capacities  designated  or 
appointed  by  the  mayor  as  herein  provided,  shall  be 
ex  officio  members  of  such  examining  board,  and 
when  they  shall  cease  to  hold  their  offices  by  reason 
or  on  account  of  which  they  were  so  designated  or 
appointed,  their  successors  shall  act  on  the  examining 
board  in  their  stead. 


Chapter  327,  Laws  of  1900.  237 

§  42.  Compensation  of  members  of  board.  £^ofnsa 

The  master  and  journeymen  plumbers  serving  as  mem- ™f70baerrds 
hers  of  such  board  shall  severally  be  paid  the  rate  of  five 
dollars  per  day  for  each  day's  service  when  actually 
engaged  in  the  performance  of  the  duties  pertaining 
to  the  office ;  but  snch  compensation  shall  not  exceed 
five  dollars  per  month  in  a  city  of  the  third  class,  nor 
the  sum  of  ten  dollars  per  month  in  a  city  of  the 
second  class,  nor  the  sum  of  twenty  dollars  per  month 
in  a  city  of  the  first  class.  It  shall  be  the  duty  of 
such  ex  officio  members  of  the  board  of  examiners  to 
discharge  their  duties  as  members  of  such  board  with- 
out compensation  therefor. 

§  43.  Qualifications.  All  members  of  such  g0unasn0fifca- 
board  shall  be  citizens  and  actual  residents  of  the members 
cities  in  which  they  are  appointed. 

§  44.  Powers  and  duties.    The  several  examin-  Powers  and 
ing  boards  of  plumbers  shall  have  power  and  it  shall dUUeS' 
be  their  duty : 

1.  To  meet  at  stated  intervals  in  their  respective  Meetings, 
cities ;  they  shall  also  meet  whenever  the  board  of 
health  of  such  city  or  the  mayor  thereof  shall  in 
writing  request  them  so  to  do. 

2.  To  have  jurisdiction  over  and  to  examine  all  Jurisdiction 
persons  desiring  or  intending  to  engage  in  the  trade, 
business  or  calling  of  plumbing  as  employing  plumbers 

in  the  city  in  which  such  board  shall  be  appointed 
with  the  power  of  examining  persons  applying  for 
certificates  of  competency  as  such  employing  or 
master  plumbers  or  as  inspectors  of  plumbing,  to 
determine  their  fitness  and  qualifications  for  conduct- 
ing the  business  of  master  plumbers  or  to  act  as 
inspector  of  plumbing,  and  to  issue  certificates  of 
competency  to  all  such  persons  who  shall  have 
passed  a  satisfactory  examination  before  such  board 
and  shall  be  by  it  determined  to  be  qualified  for  con- 
ducting the  business  as  employing  or  master  plumbers 
or  competent  to  act  as  inspectors  of  plumbing. 


238 


Rules. 


Examina- 
tions. 


Laws  of  the  City  of  Cohoes. 
3.  To  formulate  in  conjunction  with  the  local  board 
of  health  of  the  city  or  an  officer,  board  or  body  per- 
forming the  duties  of  a  board  of  health  a  code  of  rules 
regulating  the  work  of  plumbing  and  drainage  in 
such  city,  including  the  materials,  workmanship  and 
manner  of  executing  such  work  and  from  time  to 
time  to  add  to,  amend  or  alter  the  same. 
Fees  for  ex-    4   ^o  charge  and  collect  from  each  person  applying 

aminations.  *  0  , 

for  examination  the  sum  of  five  dollars  for  each  exam- 
ination made  by  such  board,  and  all  moneys  so  col- 
lected shall  be  paid  over  by  the  board  monthly  to  the 
chamberlain  or  treasurer  of  such  city  in  which  such 
board  shall  be  appointed. 

§  45.  Examinations;  conducting;  business 
without  certificate  prohibited.  A  person  de- 
siring or  intending  to  conduct  the  trade,  business  or 
calling  of  a  plumber  or  of  plumbing  in  a  city  of  this 
state  as  employing  or  master  plumber,  shall  be 
required  to  submit  to  an  examination  before  such 
examining  board  of  plumbers  as  to  his  experience  and 
qualifications  for  such  trade,  business  or  calling,  and 
it  shall  not  be  lawful  in  any  city  of  this  state  for  a 
person  to  conduct  such  trade,  business  or  calling, 
unless  he  shall  have  first  obtained  a  certificate  of 
competency  from  such  board  of  the  city  in  which  he 
conducts  or  proposes  to  conduct  such  business. 

§  46.  Registration,  when  required.  Every 
employing  or  master  plumber  carrying  on  his  trade, 
business  or  calling  in  any  city  of  this  state  shall 
register  his  name  and  address  at  the  office  of  the  board 
of  health  of  the  city  in  which  he  shall  conduct  such 
business,  under  such  rules  as  the  respective  boards  of 
health  of  each  of  the  cities  shall  prescribe,  and  there- 
upon he  shall  be  entitled  to  receive  a  certificate  of 
such  registration,  provided,  however,  that  such 
employing  or  master  plumber  shall  at  the  time  of 
applying  for  such  registration  hold  a  certificate  of 
competency  from  an  examining  board  of  plumbers. 


Registra- 
tion. 


Chapter  327,  Laws  of  1900.  239 
§  47.  Cancellation  of  registration ;  notice,  catena- 

•■^  '  Hon  of  reg- 

Such  registration  may  be  canceled  by  such  board  ofistrat'on- 
health  for  a  violation  of  the  rules  and  regulations  for 
the  plumbing  and  drainage  of  such  city  duly  adopted 
and  enforced  therein,  after  a  hearing  had  before  such  Heari  ng 
board  of  health  and  upon  a  prior  notice  of  not  less notice- 
than  ten  days  stating  the  ground  of  complaint  and 
served  on  the  person  charged  with  the  violation,  but 
such  revocation  shall  not  be  operative  unless  con- 
curred in  by  the  local  board  of  examiners.    It  shall 
not  be  lawful  for  any  person  to  engage  in  or  carry  on 
the  trade,  business  or  calling  of  an  employing  or 
master  plumber  in  any  of  the  cities  of  this  state, 
unless  his  name  and  address  shall  have  been  registered 
in  the  city  in  which  he  carries  on  or  conducts  such 
business. 

§  48.  Inspectors ;  qualifications ;  notice.  The  inspectors 
local  board  of  health  or  the  commissioner  or  commis- 
sioners of  the  board  of  health,  or  the  health  depart- 
ment thereof,  as  the  case  may  be,  shall  detail, 
designate  or  appoint  an  inspector  or  inspectors  of 
plumbing,  subject,  however,  to  the  provisions  or 
limitations  of  law,  regulating  the  appointment  of  such 
inspectors  by  such  commissioner  or  commissioners  or 
board  or  department  of  health  of  such  city,  AllQ^ifica- 
inspectors  of  plumbing  who  are  detailed,  designated 
or  appointed  shall  be  practical  plumbers  and  shall 
not  be  engaged  directly  or  indirectly  in  the  business 
of  plumbing,  during  the  period  of  their  appointment. 
They  shall  be  citizens  and  actual  residents  of  the 
city  in  which  they  are  appointed  and  before  entering 
upon  the  discharge  of  their  duties  as  such  inspectors 
they  shall  each  be  required  to  obtain  a  certificate 
of  competency  from  said  examining  board.  They  compensa- 
shall  be  entitled  to  receive  compensation  not  exceeding  uon 
five  dollars  per  day  for  each  day  of  actual  service, 
to  be  fixed  by  the  board,  commission  or  department 
making  such  appointment. 


Duties  of 
inspectors 


240  Laws  of  the  City  of  Gohoes. 

§  49.  Duties  of  inspectors;  reports.  The 

inspector  or  inspectors  of  plumbing  appointed  under 
the  provisions  of  the  preceding  sections,  in  addition 
to  the  duties,  prescribed  by  law,  and  those  which 
may  be  enjoined  or  required  by  the  commissioner  of 
health,  the  board  of  health  or  the  health  department 
of  the  city  in  which  they  shall  be  appointed,  shall  be 
to  inspect  the  construction  and  alteration  of  all 
Reports,  plumbing  work  performed  in  such  city,  and  to  report 
in  writing  the  results  of  such  inspection  to  such  com- 
missioner of  health  or  the  board  of  health  or  the 
health  department  of  their  respective  cities.  They 
shall  also  report  in  like  manner  any  person  engaged 
in  or  carrying  on  the  business  of  employing  plumber, 
without  having  the  certificate  hereinbefore  provided. 

Expiration     §  50.  Expiration  and  renewals  of  certin- 

SiEfel  cates  and  licenses-  A11  certificates  of  registration 
tincates,etc  igsnyd  un(jer  the  provisions  of  the  preceding  sections 

and  all  licenses  authorizing  connections  with  street 
sewers  or  water  mains  shall  expire  on  the  thirty-first 
day  of  December  of  the  year  in  which  they  shall  be 
issued,  and  may  be  renewed  within  thirty  days  pre- 
Length  of  ceding  such  expiration.    Such  renewals  to  be  for  one 

renewals.  ,  ,.   T  .  , 

year  from  the  first  day  of  January  in  each  year. 
Notice  of      §  51.  Notice  of  violation  of  rules.  Whenever 

violation  of  .    ,    ,  . 

rules.  any  inspector  or  other  person  reports  a  violation  01 
any  of  such  rules  and  regulations  for  plumbing  and 
drainage,  or  a  deviation  from  any  officially  approved 
plan  or  specification  for  plumbing  and  drainage  filed 
with  any  board  or  department,  the  local  board  of 
health  shall  first  serve  a  notice  of  the  violation  thereof 
upon  the  master  plumber  doing  the  work,  if  a  regis- 
tered plumber. 

how  §  52.  Notice  how  served;  proceedings 
when  violations  not  removed.  Such  notice 
may  be  served  personally  or  by  mail,  and  if  by  mail 
it  may  be  addressed  to  such  master  plumber  at  the 


Chapter  327,  Laws  or  1900.  241 

address  registered  by  him  with  such  local  board  of 
health,  but  the  failure  of  a  master  plumber  to  register 
will  relieve  any  board  of  health  from  the  requirements 
of  giving  notice  of  violation.    Unless  the  violation  is  Proceed- 
removed  within  three  days  after  the  day  of  serving  or  v^oTatT™" 
mailing  such  notice,  exclusive  of  the  day  of  serving  moved, 
or  mailing,  the  board  of  health  may  proceed  according 
to  law. 

§  53.  Plumbing  and  drainage  to  "be  exe-  piumbi^ 

_  0  and  drain- 

cuted  according;  to  rules.    The  plumbing  anda&e<how 

a  to  executed. 

drainage  of  all  buildings,  both  public  and  private,  in 
each  of  the  cities  of  this  state,  shall  be  executed  in 
accordance  with  the  rules  and  regulations  adopted  by 
the  local  board  of  examining  plumbers,  in  conjunction 
with  the  board  of  health  for  plumbing  and  drainage, 
and  all  repairs  and  alterations  in  the  plumbing  and 
drainage  of  all  buildings  heretofore  constructed  shall 
also  be  executed  in  accordance  with  such  rules  and 
regulations;  but  this  section  shall  not  be  construed  to 
repeal  any  existing  provision  of  law  requiring  plans 
for  the  plumbing  and  drainage  of  new  buildings  to  be 
filed  with  any  local  board  of  health  and  be  previously 
approved  in  writing  by  such  board  of  health  and  be 
executed  in  accordance  therewith,  except  that  in  case 
of  any  conflict  with  such  plans,  rules  and  regulations 
of  the  board  of  examiners,  the  latter  shall  govern. 

§  54.  Office  room ;  expenses  a  city  charge  Rooms^ 

-ni_e  t  **  CD*  stationery, 

H,acn  ot  such  examining  boards  of  plumbers  shall  *£-'kand 
have  power  to  procure  suitable  quarters  for  the 
transaction  of  business,  to  provide  the  necessary 
books  and  stationery  and  to  employ  a  clerk  to'  keep 
such  books  and  record  the  transactions  of  such  board. 
The  board  of  estimate  and  apportionment  or  the 
common  council  of  a  city  as  the  case  may  be  shall 
annually  insert  in  their  tax  levy  a  sufficient  sum  to 
meet  all  the  expenditures  incurred  under  the  provis- 
ions of  this  article.    The  expenses  incurred  by  the  Expenses. 


242  Laws  of  the  City  of  Cohoes. 

several  examining  boards  of  plumbers  in  the  execution 
and  performance  of  the  duties  imposed  by  this  article 
shall  be  a  charge  on  the  respective  cities  and  shall  be 
audited,  levied,  collected  and  paid  in  the  same  manner 
as  other  city  charges  are  audited,  levied,  collected 
and  paid. 

Violations. 

§  55.  Violations  how  punished.  Any  person 
violating  any  of  the  provisions  of  this  article,  or  any 
rules  or  regulations  of  the  board  of  health  or  of  the 
examining  board  of  plumbers  in  any  city  regulating 
the  plumbing  and  drainage  of  buildings  in  such  city, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction  if 
a  master  plumber,  shall  in  addition,  forfeit  any  certifi- 
cate of  competency  or  registration,  which  he  may 
hold  under  the  provisions  thereof. 

Licenses  to  §  56.  Issue  of  licenses  to  connect  with, 
with  sewer,  SeWei*  and  water  mains,   restricted.  The 

commissioner  of  public  works  of  any  city,  or  the 
officer  or  officers  acting  in  a  like  capacity  in  any  of 
the  cities  of  this  state,  and  having  charge  of  the  sewers 
and  water  mains  therein,  shall  not  issue  a  license  to 
any  one  to  connect  with  the  sewers  or  with  the  water 
mains  of  such  cities,  unless  such  person  has  obtained 
and  shall  produce  a  certificate  of  competency  from  the 
examining  board  of  such  city. 

Lhmtation     §  57.  Article  limited.     Nothing  in  this  article 
of  article'   shall  effect  or  supersede  any  provision  of  chapter  eight 
hundred  and  three  of  the  laws  of  eighteen  hundred 
and  ninety-six,  relating  to  plumbing  in  the  city  of 
New  York. 


Chapter  327,  Laws  of  1900. 


243 


ARTICLE  IV. 

BRIDGES. 

Section  70.  Submission  of  proposition  to  borrow 
money. 

71.  Special  meeting. 

72.  Notice  of  submission. 
.73.  Ballots. 

74.  Polls  of  special  meeting;  certificate  of 

results. 

75.  Erection  of  bridge ;  acquisition  of  lands. 

76.  Issue  of  bonds. 

77.  Lien  on  city  property. 

78.  Tax  for  interest  and  principal. 

79.  Bridges  to  be  free. 

80.  Application  of  article. 

§  70.  Submission  of  proposition  to  borrow  proposition 

Txri  -i  for  borrow- 

moiiey.  W  henever  the  common  council  of  any  city  ing  money, 
shall  by  resolution  declare  and  determine  that  the 
interests  of  such  city  and  the  convenience  of  the  pub- 
lic require  that  a  bridge  should  be  erected  across  any 
stream  or  watercourse  within  the  corporate  limits  of 
such  city,  such  common  council  is  authorized  to 
submit  to  the  qualified  electors  of  such  city,  being- 
taxpayers,  at  any  annual  charter  election  held  in  such 
city,  or  at  a  special  meeting  of  such  electors,  being  tax- 
payers, held  for  that  purpose,  the  proposition  whether 
the  amount  needed  to  build  such  bridge  shall  be 
borrowed  by  such  city. 

§  71.  Special  meeting.    In  case  such  proposi-  special 
tion  shall  be  submitted  to  such  electors  at  a  special meetlng 
meeting,  the  common  council  shall  by  resolution  pre- 
scribe by  whom,  and  in  what  manner  and  at  what 
place  or  places,  within  such  city  such  special  meeting 
shall  be  held. 


244  Laws  of  the  City  of  Cohoes. 

Notice  of  §  72.  Notice  of  submission.  Whether  such 
submission.  propogition  sliau  be  submitted  at  the  annual  election  or 
at  a  special  meeting,  the  city  clerk  shall  give  at  least 
two  weeks'  notice  of  such  submission  by  publishing 
at  least  twice,  notice  thereof  in  two  newspapers  pub- 
lished in  any  such  city,  and  by  posting  such  notices  in 
at  least  one  public  place  in  each  ward  of  such  city,  at 
least  ten  days  prior  to  the  time  mentioned  in  such 
notice  for  such  submission,  which  notice  shall  set 
forth  the  estimated  cost  of  such  bridge  and  the  pro- 
posed location  of  the  same,  and  the  time  and  place 
or  places  of  such  ■submission. 

Baiiots.  |  73  Ballots.  The  vote  shall  be  by  ballot  and 
ballots  therefor  shall  be  provided  by  the  common 
council  for  that  purpose  of  two  kinds,  one  containing 
the  words  "For  the  building  of  a  bridge  and  borrowing 
the  money  by  the  city  to  defray  the  cost  of  the  same," 
and  the  other  containing  the  words  "  Against  build- 
ing a  bridge  and  borrowing  the  money  by  the  city  to 
defray  the  cost  of  the  same." 

pons,  when  §  74.  Polls  of  special  meeting ;  certificate 
of  result.  If  such  special  meeting  be  held,  the  polls 
of  such  special  meeting  shall  be  kept  open  at  least 
from  nine  o'clock  in  the  forenoon  until  four  o'clock 
in  the  afternoon,  and  the  persons  directed  to  hold  and 
holding  the  same  shall  certify  the  result  thereof  to  the 
common  council,  and  if  such  proposition  is  submitted 
certificate  at  the  annual  election,  the  inspectors  of  such  election 
ot  resuk'  shall  certify  the  result  thereof  to  the  common  council 
and  such  common  council  shall  at  its  next  regular 
meeting  held  after  such  result  is  so  certified  or  at  a 
special  meeting  called  for  that  purpose  by  resolution 
to  be  entered  in  its  minutes,  declare  according  to  the 
facts  whether  such  proposition  was  carried  or  not  and 
whether  a  majority  of  such  votes  were  cast  in  favor  of 
or  against  such  proposition  and  such  declaration  shall 
be  conclusive  evidence  of  the  fact  it  shall  declare. 


Chaptee  327,  Laws  of  1900.  2< 

§  75.  Erection  of  bridge;  acquisition  of  Erection 
lands.  If  such  proposition  is  carried  and  so  declar-  "  Re' 
ed,  then  such  common  council  is  authorized  to  erect 
such  bridge  and  acquire  such  land  as  may  be  needed 
for  the  approaches  thereof,  and  if  for  any  reason  such 
lands  cannot  be  acquired  by  purchase,  to  acquire  the 
same  by  condemnation  for  the  public  use  thereof, 
pursuant  to  existing  laws. 

§  76.  Issue  of  bonds.  Such  common  council  IS  Issue  of 
authorized  to  borrow  such  sum  of  money  as  may  be 
needed  to  defray  the  cost  of  such  bridge,  and  such 
land,  at  a  rate  of  interest  not  exceeding  four  per 
centum  per  annum  and  to  secure  the  payment  of  the 
sum  so  borrowed,  to  issue  the  bonds  of  the  city  to  an 
amount  not  exceeding  such  costs.  Such  bonds  shall 
be  an  obligation  of  such  city  and  shall  be  signed  by 
the  mayor  of  such  city,  countersigned  by  the  clerk, 
and  shall  bear  the  corporate  seal  of  such  city,  but  the 
interest  coupons  or  warrants  need  only  be  signed  by 
the  mayor.  The  principal  of  such  bonds  or  obliga- 
tions shall  be  made  payable  at  such  times  and  in  such 
amounts  not  exceeding  fifty  years  from  their  date, 
as  the  common  council  may  deem  best,  and  shall  bear 
interest  at  the  rate  of  not  exceeding  four  per  centum 
per  annum;  the  interest  thereon  shall  be  payable 
semi-annually  and  the  principal  and  interest  may  be 
made  payable  in  the  city  of  New  York. 

§  77.  Lien  on  city  property.  The  principal  Bonds  a 
and  the  interest  of  such  bonds  or  obligations  shall  'en' 
be  a  lien  on  the  taxable  property  of  such  city,  and  the 
credit  of  such  city  is  hereby  pledged  for  the  payment 
of  the  same,  and  the  money  so  borrowed  shall  be  used 
and  appropriated  for  the  purpose  contemplated  by  this 
article,  and  for  no  other  purposes,  and  such  bonds  or 
obligations  shall  not  be  sold  for  less  than  par. 

§  78.  Tax  for  interest  and  principal.   The  Tax. 
common  council  of  such  city  shall  have  power,  and  it 


246 


Laws  of  the  City  of  Cohoes. 


shall  be  their  duty,  from  time  to  time,  and  as  often  as  it 
may  become  necessary,  to  provide  for  the  payment  at 
maturity  of  the  principal  of  all  bonds  or  obligations 
authorized  by  this  article,  and  issued  pursuant  thereto, 
and  the  interest  thereon,  and  to  include  in  the  annual 
tax  levy  and  cause  to  be  levied  and  collected  each  and 
every  year  until  such  bonds  and  the  interest  thereon 
shall  be  fully  paid,  such  sum  or  sums  of  money  as 
will  be  necessary  to  pay  such  bonds  or  obligations 
and  the  interest  thereon  at  maturity,  and  see  that  the 
moneys  so  raised  and  collected  are  applied  to  the 
payment  of  such  principal  and  interest. 

Bridges  §  79.  Bridges  to  be  free.  Every  bridge  erected 
pursuant  to  the  provisions  of  the  preceding  sections, 
shall  be  free  to  the  public. 

Application  §  80.  Application  Of  article.  The  provisions 
of  article.    ^        arfcicle  gllall  not  apply  to  any  bridge  erected 

or  authorize  the  erection  of  any  bridge  on  the  Hudson 
river  below  Waterford,  or  on  the  East  river  or  over 
water  forming  a  part  of  the  boundaries  of  the  state. 


ARTICLE  V. 

POLICE  MATRONS. 

Section  90.  Police  station  houses  for  the  detention  of 
women ;  how  designated. 

91.  Police  matrons ;  lurw  appointed. 

92.  Term  of  service,  salaries,  vacancies. 

93.  When  police  matrons  to  reside  at  station 

houses. 

94.  Women  under  arrest  to  have  separate  ac- 

commodations. 

95.  Proceeding  in  case  of  arrest  of  women. 

96.  Women  defined. 

97.  Appropriations  under  article,  how  made. 


Chapter  327,  Laws  of  1900.  247 
Section  90.  Police  station  houses  for  the  de-  Detention 

.  .  r>  _  of  women. 

tention  of  women ;  how  designated.  The 

mayor  of  every  city  containing  a  population  of  twenty- 
five  thousand  shall  and  the  mayor  of  every  other  city 
when  authorized  by  a  resolution  of  the  common  coun- 
cil may  designate  one  or  more  station  houses  within 
his  city  for  the  detention  and  confinement  of  all 
women  under  arrest  in  such  city.  Such  mayor  or 
board  of  commissioners  of  police  may  at  any  time 
designate  for  such  purpose  any  additional  station 
house  or  houses,  or  may  revoke  the  designation  of  any 
station  house  or  houses  theretofore  designated,  pro- 
vided that  at  least  one  sach  station  house  shall  at  all 
times  be  so  designated  for  such  purpose  in  each  city. 

§  91.  Police  matrons ;  how  appointed.  Thence 

7  matrons. 

mayor  ot  each  city  shall  appoint  for  each  station 
house  designated  as  provided  in  the  preceding  section, 
not  more  than  two  respectable  women  who  shall  be 
known  as  police  matrons  in  the  same  manner  and 
under  the  restrictions  governing  the  appointment  of 
patrolmen,  so  far  as  the  same  may  be  applicable, 
except  that  any  rule  or  regulation  as  to  the  age  of  a 
person  appointed  patrolman  shall  not  apply  to 
matrons  appointed  under  the  provisions  of  this  arti- 
cle. No  woman  shall  be  appointed  a  police  matron 
unless  suitable  for  the  position  and  recommended 
therefor  in  writing  by  at  least  twenty  women  of  good 
standing,  residents  of  the  city  in  which  the  appoint- 
ment is  made.  In  cities  where  there  are  no  station 
houses,  and  where  the  county  jail  is  used  for  the 
purposes  of  a  house  of  detention,  it  shall  be  deemed 
a  compliance  with  the  provisions  of  this  article  if 
there  shall  be  in  constant  attendance  at  such  jail,  so 
long  as  any  woman  is  detained  under  arrest  therein,  a 
woman  properly  qualified  for  and  who  shall  perform 
the  duties  herein  imposed  upon  police  matrons. 


station 
house, 
when. 


248  Laws  of  the  City  of  Cohoes. 

Term  of      §  92.  Term  of  service,  salaries,  vacancies. 

service  p0iiCe  matrons  shall  on  appointment,  hold  office  until 
removed,  and  they  may  be  removed  at  any  time  by 
the  authority  appointing  them,  after  an  opportunity 
to  be  heard,  by  written  order  stating  the  cause  of  such 

vacancies,  removal.  Upon  the  death,  resignation  or  removal  of 
a  police-matron,  her  successor  shall  be  appointed  as 
soon  as  may  be,  in  the  manner  hereinbefore  provided. 

salary.  A  police  matron  shall  receive  a  compensation  or  salary 
to  be  fixed  by  the  common  council  in  the  several 
cities  where  such  matrons  shall  be  provided,  not 
exceeding  in  any  case  the  minimum  salary  paid  to 
patrolmen  in  the  city  in  which  such  matron  is 
appointed. 

poike  §  93.  When  police  matrons  to  reside  at 
Sd°enatto  station  house.  When  only  one  police  matron  is 
attached  to  a  police  station,  she  shall  reside  there,  or 
within  a  reasonable  distance  therefrom,  and  shall  hold 
herself  in  readiness  to  respond  to  any  call  therefrom 
at  any  hour  of  the  day  or  night,  and  each  matron 
shall,  during  such  hours  as  may  be  fixed  by  the  head 
of  the  police  department,  remain  in  such  station  and 
hold  herself  in  readiness  to  respond  to  any  call  there- 
from. So  long  as  any  woman  is  detained  or  held 
under  arrest  in  a  police  station  to  which  a  police 
matron  is  attached,  it  shall  be  the  duty  of  such  matron 
to  remain  constantly  thereat,  ready  for  service ;  or  if 
there  be  more  than  one  matron  attached  to  such  sta- 
tion, then  one  of  them  shall  be  constantly  ready  for 
service.  A  police  matron  shall,  subject  to  the  officer 
in  charge  of  such  station  house,  have  the  immediate 
care  and  charge  of  all  women  held  under  arrest  in 
the  station  to  which  she  is  attached,  and  she  may  at 
any  time  call  upon  the  officer  in  charge  of  such  station 
for  assistance.  She  shall  be  subject  to  the  authority 
of  the  board  of  police,  or  if  there  be  no  such  board, 
then  to  the  chief  of  police  in  the  city  where  she  may 
be  appointed,  and  to  the  rules  prescribed  by  such 


Chapter  327,  Laws  of  1900.  249 

authority,  but  at  a  station  where  she  may  be  on  duty 
she  shall  be  subject  only  to  the  authority  of  the  officer 
in  charge  thereof. 

§  94.  Women  under  arrest  to  have  separ-  fcecp0amme0- 
ate  accommodations.  It  shall  be  the  duty  of  the  ta0mS.for 
boards  of  commissioners  of  police  in  every  city,  or  if 
there  be  no  board  of  police,  then  of  the  mayor  of  such 
city,  to  provide  sufficient  accommodations  for  women 
held  under  arrest  to  keep  them  separate  and  apart 
from  the  cells,  corridors  and  apartments  provided  for 
males  under  arrest,  and  to  so  arrange  each  station 
house  that  no  communication  can  be  had  between  the 
men  and  women  therein  confined,  except  with  the 
consent  of  the  matrons  and  officers  in  charge  of  such 
station  house. 

§  95.  Proceeding  in  case  of  arrest  ofPr°ceedin£ 
women.    W  nenever  a  woman  is  arrested  and  taken  womf\ 

arrested. 

to  a  police  station,  to  which  a  matron  is  attached,  it 
shall  be  the  duty  of  the  officer  in  charge  of  the  station 
to  cause  such  matron  to  be  summoned  forthwith,  and 
whenever,  in  any  city  in  which  a  police  matron  has 
been  appointed,  a  woman  is  arrested  and  taken  to  a 
station  house  to  which  no  matron  is  attached,  it  shall 
be  the  duty  of  such  officer  to  cause  such  woman  to  be 
removed  as  soon  as  possible  to  the  nearest  station 
house  within  such  city  to  which  a  police  matron  is 
attached.  No  such  separate  confinement  nor  any  jurisdiction 
such  removal  of  any  woman  shall  operate  to  take°fc°urt' 
from  any  court  any  jurisdiction  it  has. 

§  96.  Woman  defined.  The  term  "woman"  as  "woman" 
used  in  this  article  shall  not  include  any  female  either 
actually  or  apparently  under  the  age  of  sixteen  years, 
whose  care  is  assumed  by  any  society,  referred  to  in 
section  two  hundred  and  ninety-three  of  the  penal 
code ;  but  every  such  female  upon  being  taken  to  a 
station  house  shall  be  at  once  transferred  therefrom, 
by  the  officer  in  charge,  to  the  custody  of  such  society! 


250  Laws  of  the  City  of  Cohoes. 

Appropri-  §  97.  Appropriations  under  article,  how 
mad"8'  °w  made.  The  proper  local  authorities  of  each  city  in 
which  a  police  matron  has  been  appointed  shall 
appropriate  annually  such  sum  as  may.  be  needed  for 
the  separate  care  and  confinement  in  station  houses  of 
any  woman  arrested  in  such  city,  and  for  the  appoint- 
ment, salary  and  maintenance  of  police  matrons  for 
the  purposes  of  this  article. 


ARTICLE  VI. 
[Applies  to  cities  of  the  first  class  only.] 


ARTICLE  VII. 

[Applies  to  cities  of  the  first  and  second  class  only.] 


ARTICLES  VIII  AND  IX. 
[Apply  to  cities  of  the  first  class  only.] 


ARTICLE  X. 
[Applies  to  cities  of  the  first  and  second  class  only.] 


ARTICLE  XI. 

[Relates  to  construction  of  act,  repeals,  etc.  only.] 


The  General  Municipal  Law. 


CHAPTER  685,  LAWS  OF  1892. 

An  Act  in  relation  to  municipal  corporations  consti- 
tuting chapter  seventeen  of  the  general  laws. 

Approved  by  the  Governor  May  18,  1892    Passed,  three-fifths  being  present, 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows-: 

CHAPTER  XVII  OF  THE  GENERAL  LAWS. 

THE  GENERAL  MUNICIPAL  LAW. 

Section    1.  Short  title  and  use  of  terms. 
2.  Limitation  of  indebtedness. 

4.  Temporary  loans. 

5.  Funded  debt. 

6.  Payment  of  municipal  bonds. 

7.  Funded  and  bonded  debts. 

8.  Issuance  of  municipal  bonds. 

9.  Registry  of  municipal  bonds. 

10.  Conversion  of  coupon  into  registered 

bonds. 

11.  Defects  not  invalidating  municipal  bonds. 

20.  Payment  of  judgments  against  municipal 

corporations. 

21.  Liability  for  damages  by  mobs  and  riots. 

22.  Condemnation  of  real  property. 

23.  Insurance  of  property. 

24.  Free  public  libraries. 

26.  Leases  of  public  buildings  to  grand  army 

posts. 

27.  Discrimination  against  non-residents. 

28.  Peddling  and  hawking  farm  produce. 

251 


252  Laws  of  the  City  of  Cohoes. 

Twe.  Section  1.  Short  title  and  use  of  terms. 
This  chapter  shall  be  known  as  the  general  municipal 
law. 

Terms  The  terra,  municipal  corporation,  as  used  in  this 
used'  chapter  includes  only  a  county,  town,  city  and  village. 
The  term,  governing  board,  includes  the  board  of 
supervisors  of  a  county,  the  town  board  of  a  town,  the 
common  council  of  a  city,  and  the  board  of  trustees  of 
a  village. 

onndebted    §  2-  Limitation  of  indebtedness.   [This  sec- 
nes". e  te  "t|on  is  not  applicable  to  Cohoes,  but  see  §  10,  Article 
VIII,  State  Constitution.] 

§  3.  [This  section  is  not  applicable  to  Cohoes.] 
Temporary  §  4.  Temporary  loans.  Moneys  shall  not  be 
borrowed  by  a  municipal  corporation  on  temporary 
loan,  except  in  anticipation  of  the  taxes  of  the  current 
fiscal  year,  and  for  the  purposes  for  which  such  taxes 
are  levied,  and  shall  not  be  in  excess  of  the  amount  of 
such  taxes'.  Such  loans  shall  always  be  made  payable 
within  eight  months,  and  in  no  case  shall  interest  run 
on  any  such  loan  after  such  taxes  are  paid  into  the 
treasury  of  the  corporation. 

Funded  §  5.  Funded  debt  A  funded  debt  shall  not  be 
coSraS.  contracted  by  a  municipal  corporation,  except  for  a 
specific  object,  expressly  stated  in  the  ordinance  or 
resolution  proposing  it ;  nor  unless  such  ordinance  or 
resolution  shall  be  passed  by  a  two-third  vote  of  all 
the  members  elected  to  the  board  or  council  adopting 
it,  or  submitted  to,  and  approved  by  the  electors  of 
the  town  or  county,  or  taxpayers  of  the  village  or  city 
when  required  by  law.  Such  ordinance  or  resolution 
shall  provide  for  raising  annually,  by  tax,  a  sum  suffi- 
cient to  pay  the  interest  and  the  principal,  as  the  same 
shall  become  due. 

payment  of  §  6.  Payment  of  municipal  bonds.  Where  the 
bonds  of  a  municipal  corporation  have  been  lawfully 
issued,  and  the  payment  of  the  principal  or  interest 


Chapter  685,  Laws  of  1892.  21 

thereof  shall  not  have  been  otherwise  paid  or  provided 
for,  the  same  shall  be  a  charge  upon  such  corporation, 
and  shall  be  levied  and  assessed,  collected  and  paid 
the  same  as  other  debts  and  charges.  When  for  any 
reason  any  portion  of  the  principal  or  interest  due 
upon  such  bonds  shall  not  have  been  paid,  the  same 
shall  be  assessed,  levied  and  collected  at  the  first 
assessment  and  collection  of  taxes  by  such  corporation 
after  such  omission. 

§  7.  Funded  and  bonded  debts,   The  bonded  Funding 

bonded 

indebtedness  of  a  municipal  corporation,  including debts 
interest  due  or  unpaid,  or  any  part  thereof,  may  be 
paid  up  or  retired  by  the  issue  of  the  new  substituted 
bonds  for  like  amounts  by  the  board  of  supervisors  or 
supervisor,  board,  council  or  officers  having  in  charge 
the  payment  of  such  bonds.  Such  new  bonds  shall 
only  be  issued  when  the  existing  bonds  can  be  retired 
by  the  substitution  of  the  new  bonds  therefor,  or  can 
be  paid  up  by  money  realized  by  the  sale  of  such  new 
bonds.  Where  such  bonded  indebtedness  shall  be- 
come due  within  two  years  from  the  issue  of  such  new 
bonds,  such  new  bonds  may  be  issued  and  sold  to 
provide  money  in  advance  to  pay  up  such  existing 
bonds  when  they  shall  become  due.  Such  new  bonds 
shall  contain  a  recital  that  they  are  issued  pursuant  to 
this  section,  which  recital  shall  be  conclusive  evidence 
of  their  validity  and  of  the  regularity  of  the  issue ; 
shall  be  made  payable  not  less  than  one  or  more  than 
thirty  years  from  their  date ;  shall  bear  date  and  draw 
interest  from  the  date  of  the  payment  of  existing 
bonds,  or  the  receipt  of  the  money  to  pay  the  same, 
at  not  exceeding  the  rate  of  five  per  centum  per  annum, 
payable  quarterly,  semi-annually  or  annually  ;  and  an 
amount  equal  to  not  less  than  two  per  centum  of  the 
whole  amount  of  such  new  bonds  may  be  payable  each 
year  after  the  issue  thereof.  Such  new  bonds  shall  be 
sold  and  negotiated  at  the  best  price  obtainable,  not 
less  than  their  par  value ;  shall  be  valid  and  binding 


254  Laws  of  the  City  of  Cohoes. 

on  the  municipal  corporation  issuing  them  ;  and  until 
payable  shall  be  exempt  from  taxation  for  town, 
county,  municipal  or  state  purposes.  All  bonds  and 
coupons  retired  or  paid  shall  be  immediately  cancelled. 
A  certificate  shall  be  issued  by  the  officer,  board  or  body 
issuing  such  new  bonds,  stating  the  amount  of  existing 
bonds,  and  of  the  new  bonds  so  issued,  which  shall  be 
forthwith  filed  in  the  office  of  the  county  clerk.  Ex- 
cept as  provided  in  this  section,  new  bonds  shall  not 
be  issued  in  pursuance  thereof,  for  bonds  of  a  munici- 
pal corporation  adjudged  invalid  by  the  final  judg- 
ment of  a  competent  court.  A  majority  of  the  tax- 
payers of  a  town,  voting  at  a  general  town  meeting, 
or  special  town  meeting  duly  called,  may  authorize  the 
issue  in  pursuance  of  this  section  of  new  bonds  for 
such  invalid  bonds,  and  each  new  bond  so  issued  shall 
contain  substantially  the  following  recital:  "  The 
issue  of  this  bond  is  duly  authorized  by  a  vote  of  the 
taxpayers  of  the  said  town,"  which  shall  be  conclu- 
sive evidence  of  such  fact.  The  payment,  adjustment 
or  compromise  of  a  part  of  the  bonded  indebtedness  of 
a  municipal  corporation  shall  not  be  deemed  an  admis- 
sion of  the  validity  or  a  recognition  of  any  part  of  the 
bonded  indebtedness  of  such  municipal  corporation 
not  paid,  adjusted  or  compromised. 

(As  amended  by  §  1,  Chapter  333,  Laws  of  1901. 
Previously  amended  by  Chapter  122,  Laws  of  1893; 
Chapter  466,  Laws  of  1893 ;  also  Chapter  54,  Laws  of 
1897.) 

Nuance  of  §  8.  Issuance  of  municipal  bonds.  Each  bond 
bonds  issued  by  a  municipal  corporation  shall  be  signed  by 
each  officer  issuing  the  same,  with  the  designation  of 
his  office;  and  the  interest  coupons  attached  thereto, 
if  any,  shall  be  signed  by  one  of  their  number.  Each 
such  bond  shall  state  the  place  of  payment  and,  if  no 
coupons  are  attached  thereto,  the  name  of  the  payee. 


Chapter  685,  Laws  of  1892.  255 

§  9.  Registry  of  municipal  "bonds.  Each  £e£2 
municipal  corporation  shall  keep  in  the  office  of  its 
clerk,  suitable  books  in  which  shall  be  entered  a  full 
description  of  the  amount,  rate  of  interest,  class, 
number,  date  of  issue,  pursuant  to  what  law,  and 
maturity  of  all  bonds  issued  by  any  of  its  officers, 
and,  if  such  statement  is  not  already  entered,  of  all 
bonds  converted  from  coupon  into  registered  bonds. 
A  bond  to  which  no  coupons  are  attached  may  be 
registered,  at  the  request  of  the  payee,  in  the  books 
so  kept  in  the  office  of  such  clerk,  and  a  certificate  of 
such  registry  shall  be  indorsed  upon  the  bond  by 
such  clerk,  and  attested  by  his  seal,  if  he  has  one. 
The  clerk  shall  be  entitled  to  a  fee  of  twenty-five  Fee  of 

clerk 

cents  for  each  bond  so  registered.  The  principal  andtherefor 
interest  of  a  registered  municipal  bond  shall  be  paya- 
ble only  to  the  payee,  his  legal  representatives,  suc- 
cessors or  assigns,  and  shall  be  transferable  only  upon 
presentation  to  such  clerk,  with  a  written  assignment 
duly  acknowledged  or  approved.  The  name  of  the 
assignee  shall  be  entered  upon  such  bond  so  trans- 
ferred and  the  books  so  kept  in  the  office  of  the  clerk. 
It  shall  be  the  duty  of  the  clerk  or  other  officer  having 
charge  of  the  office  where  such  registry  is  kept,  to 
transmit  a  statement  of  such  indebtedness  to  the  clerk 
of  the  board  of  supervisors  of  the  county  in  which 
such  office  is  situated,  annually,  on  or  before  the  first 
day  of  November. 

(As  amended  by  §  1,  Chapter  350,  Laws  of  1895.) 

§  10.  Conversion  ot  coupon  into  register-  ^cdupon11 
ed  "bonds.  When  the  owner  of  coupon  bonds  of  abonds 
municipal  corporation  shall  present  any  such  bonds 
to  the  officers  who  issue  the  same,  or  their  successors, 
with  a  written  request  for  their  conversion  into  regis- 
tered bonds,  such  officer  shall  cut  off  and  destroy  the 
coupons  and  stamp,  print  or  write  upon  each  of  the 
bonds  a  statement,  properly  dated,  of  the  amount  and 


256  Laws  of  the  City  of  Cohoes. 

value  of  such  coupons,  and  that  the  interest,  at  the  rate 
and  on  the  date,  as  was  provided  by  the  coupons,  as 
well  as  the  principal,  is  to  be  paid  to  such  owner,  his 
legal  representatives,  successors  or  assigns,  at  a  place 
therein  stated,  which  shall  be  the  place  stated  in  the 
coupons,  unless  changed  with  the  written  consent  of 
the  owner;  and  thereupon  such  bonds  may  be  regis- 
tered in  the  office  of  the  clerk  of  the  municipal  corpor- 
ation. This  section  shall  not  apply  where  provision 
is  otherwise  made  by  law  or  local  ordinance,  for  the 
conversion  or  exchange  of  coupons  for  registered  bonds. 

Bonds  not     §  11.  Defects  for  invalidating  municipal 

invalidated,  kon(js  When  the  bonds  of  a  municipal  corporation 
have  been  issued  and  sold  by  the  proper  authorities, 
and  the  time  fixed  for  their  maturity  shall  be  for  a 
longer  period  than  provided  by  the  law  under  which 
they  were  issued,  a  variance  of  not  exceeding  sixty 
days  shall  not  affect  their  validity. 

§§  12-19.  [These  sections,  relating  to  bonds  issued 
in  aid  of  the  construction  of  railroads,  do  not  apply 
to  Cohoes.] 

judgments,    §  20.  Payment  of  judgments  against  mu- 

paymentof.       0  .        °      ,  5?,  r.      i   •     n  ,  r> 

nicipal  corporation.  When  a  final  judgment  lor 
a  sum  of  money  shall  be  recovered  against  a  munici- 
pal corporation,  and  the  execution  thereof  shall  not 
be  stayed  pursuant  to  law,  or  the  time  for  such  stay 
shall  have  expired,  the  treasurer  or  other  financial 
officer  of  such  corporation  having  sufficient  moneys 
in  his  hands  belonging  to  the  corporation  not  other- 
wise specifically  appropriated,  shall  pay  such  judg- 
ment upon  the  production  of  a  certified  copy  of  the 
docket  thereof. 

Note— In  relation  to  the  collection  of  judgments  against  cities,  see  Chapter  554, 
Laws  of  1880. 

Damages  §  21.  Liability  for  damages  by  mobs  and 
by  mobs,    riots     A  city  or  countv  shall  be  liable  to  a  person 

whose  property  is  destroyed  or  injured  therein  by  a 


Chapter  685,  Laws  of  1892.  257 

mob  or  riot,  for  the  damages  sustained  thereby,  if  the 
consent  or  negligence  of  such  person  did  not  contribute 
to  such  destruction  or  injury,  and  such  person  shall 
have  used  all  reasonable  diligence  to  prevent  such 
damage,  shall  have  notified  the  mayor  of  the  city,  or 
sheriff  of  the  county,  of  a  threat  or  attempt  to  destroy 
or  injure  his  property  by  a  mob  or  riot,  immediately 
upon  acquiring  such  knowledge,  and  shall  bring  an 
action  therefor  within  three  months  after  such 
damages  were  sustained.  A  mayor  or  sheriff  receiv-  Duty  of 
ing  notification  of  a  threat  or  attempt  to  destroy  or  t£latto°n 

•  injure 

injure  property  by  a  mob  or  riot  shall  take  all  lawful  property, 
means  to  protect  such  property;  and  if  he  shall 
neglect  or  refuse,  the  person  whose  property  shall  be 
destroyed  or  injured,  may  elect  to  bring  his  action 
for  damages  against  such  officer  instead  of  the  city  or 
county. 

§  22.  Condemnation  of  real  property.  A  condemna- 
municipal  corporation  authorized  by  law  to  take  and 

property. 

hold  real  property  for  the  uses  and  purposes  of  the 
corporation,  may,  if  it  is  unable  to  agree  with  the 
owners  for  the  purchase  thereof,  acquire  title  to  such 
property  by  condemnation. 

§  23.  Insurance  of  property.     Public  officers  Insurance, 
having  by  law  the  care  and  custody  of  the  public 
buildings  and  other  property  of  a  municipal  corpora- 
tion, may  insure  the  same  at  the  expense  and  for  the 
benefit  of  such  corporation. 

§  24.  Free  public  libraries.  Any  municipal  Libraries, 
corporation  may  establish  and  maintain  a  free  public 
library  or  museum  in  accordance  with  the  library 
provisions  of  the  university  law,  being  chapter  three 
hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-two. 

(As  amended  by  §  1,  Chapter  576,  Laws  of  1896.) 

§  25.  [Does  not  apply  to  cities.] 


258  Laavs  of  the  City  of  Cohoes. 

Leases  to  §  26.  Leases  of  public  buildings  to  Grand 
Arrmyd  Army  posts.  A  municipal  corporation  may  lease, 
for  not  exceeding  five  years,  to  a  post  or  posts  -of  the 
Grand  Army  of  the  Republic,  or  other  veteran  organ- 
ization of  honorably  discharged  union  soldiers,  sailors 
or  marines,  a  public  building  or  part  thereof,  belong- 
ing to  such  municipal  corporation,  except  school- 
houses  in  actual  use  as  such,  without  expense,  or  at  a 
nominal  rent,  fixed  by  the  board  or  council  having 
charge  of  such  buildings. 

?e°ntsredt     §  27 '•  Discriminating     against  non-resi- 

agSiis?110"  dents.  Any  restriction  or  regulation  imposed  by 
the  governing  board  of  a  municipal  corporation  upon 
the  inhabitants  of  any  other  municipal  corporation 
within  this  state,  carrying  on  or  desiring  to  carry  on 
any  lawful  business  or  calling  within  the  limits  thereof, 
which  shall  not  be  necessary  for  the  proper  regula- 
tion of  such  trade,  business  or  calling,  and  shall  not 
apply  to  citizens  of  all  parts  of  the  state  alike,  except 
ordinances  or  regulations  in  reference  to  traveling- 
circuses,  shows  and  exhibitions,  shall  be  void. 

peddling,     §  28.  Peddling  and  hawking  farm  produce. 

produce™  Tlie  g0verning  board  of  a  municipal  corporation  shall 
igiling,  not  by  ordinance  or  otherwise  regulate  or  prohibit  the 
nottopaU- pursuit  or  exercise  of  hawking  and  peddling  farln 
produce  except  hay  and  straw  within  the  limits  of 
any  such  municipal  corporation,  if  such  farm  produce 
is  hawked  or  peddled  by  the  producer  thereof,  or  his 
•  servants  or  employes ;  nor  shall  the  governing  board 
of  any  such  municipal  corporation  pass  an  ordinance 
requiring  such  producer  of  farm  produce  to  secure  a 
license  for  peddling  and  hawking  such  farm  produce 
within  the  limits  of  such  municipal  corporation.  All 
existing  ordinances  and  regulations  prohibiting  such 
peddling  and  hawking  except  of  hay  and  straw  or 
requiring  a  license  therefor  shall  on  and  after  the 


Chapter  685,  Laws  of  1892.  2  59 

passage  of  this  act  be  of  no  force  and  effect.    Nothing  Pending 
contained  herein  shall  affect  any  pending  action  Of  affected, 
proceeding  to  recover  penalties  imposed  for  violations 
of  existing  ordinances  and  regulations.  Nothing 

jjX  Wagons 

this  section  shall  be  construed  to  permit  wagons  from  ducenotto 
which  farm  produce  is  sold  to  stand  in  front  of  stores 
or  private  residences  for  a  longer  time  than  may  be 
necessary  for  the  sale  and  delivery  of  produce  pur- 
chased by  the  occupants  of  such  stores  or  residences ; 
nor  to  permit  the  congregating  of  such  wagons  upon 
any  street  or  thoroughfare  not  set  apart  by  the  muni- 
cipality as  a  public  market  for  the  sale  of  farm  pro- 
duce. This  section  shall  not  apply  to  cities  of  the  Application 
first  class  nor  to  the  city  of  Rochester.  of  section. 

(Added  by  Chapter  237,  Laws  of  1899,  repealed  by 
Chapter  327,  Laws  of  1900,  and  new  section  added  by 
Chapter  389,  Laws  of  1901.) 


The  Public  Officers  Law. 


CHAPTER  681,  LAWS  OF  1892. 

An  Act  in  relation  to  public  officers,  constituting 
chapter  seven  of  the  general  laws. 

Approved  by  the  Governor  May  18,  1892.  Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 
CHAPTER  VII  OF  THE  GENERAL  LAWS. 
The  Public  Officers  Law. 
Article    I.  Appointment  and  qualification  of  public 
officers  (§§  1-14). 
II.  Creation  and  filling  of  vacancies  (§§  20- 
31). 

III.  Powers   and   duties   of  public  officers 
(§§  40-44). 

ARTICLE  I. 

Appointment  and  Qualification  of  Public 
Officers. 

Section   1.  Short  title  and  extent  of  application. 

2.  Definition. 

3.  Qualifications  for  holding  office. 

4.  Commencement  of  term  of  office. 

5.  Holding  over  after  expiration  of  term. 

9.  Deputies,  their  appointment,  number  and 
duties. 

260 


Chapter  681,  Laws  of  1892.  261 
Section  10.  Official  oaths. 

11.  Official  undertakings. 
-     12.  Force  and  effect  of  official  undertakings. 

13.  Notice  of  neglect  to  file  oath  or  under- 

taking. 

14.  Effect  of  revision  on  terms  of  office. 

15.  Validation  of  official  acts  performed  before 

filing  official  oath  of  undertaking. 

Section  l .  Short  title  and  extent  of  applica- Title 

tion.    This  chapter  shall  be  known  as  the  public 
officers  law,  and  applies  to  civil  officers  only. 

§  2.  Definitions.  The  term  state  officer  includ  OS  Definitions, 
every  officer  for  whom  all  the  electors  of  the  state  are 
entitled  to  vote,  members  of  the  legislature,  justices 
of  the  supreme  court,  regents  of  the  university,  and 
every  officer,  appointed  by  one  or  more  state  officers, 
or  by  the  legislature,  and  authorized  to  exercise  his 
official  functions  throughout  the  entire  state,  or  with- 
out limitation  to  any  political  subdivision  of  the  state, 
except  United  States  senators,  member  of  congress, 
and  electors  for  president  and  vice-president  of  the 
United  -States.  The  term  local  officer  includes  every 
other  officer  who  is  elected  by  the  electors  of  a  portion 
only  of  the  state,  every  officer  of  a  political  subdivision 
or  municipal  corporation  of  the  state,  and  every  officer 
limited  in  the  execution  of  his  official  functions  to  a 
portion  only  of  the  state.  The  office  of  a  state  officer 
is  a  state  office.  The  office  of  a  local  officer  is  a  local 
office. 

§  3.  Qualifications  for  holding  office.  No puaufica- 
person  shall  be  capable  of  holding  a  civil  office  who1'0"8' 
shall  not,  at  the  time  he  shall  be  chosen  thereto,  be 
of  full  age,  a  citizen  of  the  United  States,  a  resident 
of  the  state,  and  if  it  be  a  local  office,  a  resident  of 
the  political  subdivision  or  municipal  corporation  of 
the  state  for  which  he  shall  be  chosen,  or  within 


2Q2  Laws  of  the  City  of  Cohoes. 

which  the  electors  electing  him  reside,  or  within 
which  his  official  functions  are  required  to  be  exer- 
cised. 

Terms  of      §  4.  Commencement  of  term  of  office.  The 

mlScemeS'term  oE  office  oE  an  elective  officer,  unless  elected  to 
fill  a  vacancy  then  existing,  shall  commence  on  the 
first  day  of  January  next  after  his  election,  if  the 
commencement  thereof  be  not  otherwise  fixed  by  law. 

Holding      §  5.  Holding  over  after  expiration  of  term. 

Every  officer  except  a  judicial  officer,  a  notary  public, 
a  commissioner  of  deeds  and  an  officer  whose  term  is 
fixed  by  the  constitution,  having  duly  entered  on  the 
duties  of  his  office,  shall,  unless  the  office  shall  termi- 
nate or  be  abolished,  hold  over  and  continue  to  dis- 
charge the  duties  of  his  office,  after  the  expiration  of 
the  term  for  which  he  shall  have  been  chosen,  until 
his  successor  shall  be  chosen  and  qualified ;  but  after 
the  expiration  of  such  term,  the  office  shall  be  deemed 
vacant  for  the  purpose  of  choosing  his  successor.  An 
officer  so  holding  over  for  one  or  more  entire  terms, 
shall,  for  the  purpose  of  choosing  his  successor,  be 
regarded  as  having  been  newly  chosen  for  such  terms. 
An  appointment  for  a  term  shortened  by  reason  of  a 
predecessor  holding  over,  shall  be  for  the  residue  of 
the  term  only. 

§§  6-8.  [These   sections   do  not  apply    to  local 
officers.] 

Deputies,      §  9.  Deputies,  their  appointment,  number 
MS?1"  and  duties.    Every  deputy,  assistant,  or  other  sub- 
speciai  law.  ordinate  offi(jer>  whose  app0intment  or  selection  is  not 
otherwise  provided  for,  shall  be  appointed  by  his 
principal  officer,  board  or  other  body,  and  the  number 
thereof,  if  not  otherwise  prescribed  by  law,  shall  be 
limited  in  the  discretion  of  the  appointing  power.  If 
SdSfe  there  is  but  one  deputy,  he  shall,  unless  otherwise 
b?,onnum- prescribed  by  law,  possess  the  powers  and  perform 


Number. 


Powers 


Chapter  681,  Laws  of  1892.  263 
the  duties  of  his  principal  during  the  absence  or  ina- 
bility to  act  of  his  principal,  or  during  a  vacancy  in 
his  principal's  office.    If  there  be  two  or  more  depu- 
ties of  the  same  officer,  such  officer  may  designate,  in 
writing,  the  order  in  which  the  deputies  shall  act,  in 
case  of  his  absence  from  the  office  or  his  inability  to 
act,  or  in  case  of  a  vacancy  in  the  office,  and  if  he 
shall  fail  to  make  such  designation,  the  deputy  longest 
in  office  present,  shall  so  act.    If  two  or  more  depu- 
ties present  shall  have  held  the  office  for  the  same 
period,  the  senior  deputy  in  age  shall  so  act.  Such 
written  designation  by  a  state  officer  shall  be  filed  in 
the  office  of  the  secretary  of  state ;  and  by  any  other 
officer,  in  the  office  of  the  clerk  of  the  county  in 
which  the  principal  has  his  office.     If  a  vacancy  in  aContin- 
public  office  shall  be  caused  by  the  death  of  the  incum-  S™. 
bent,  the  deputies  shall,  unless  otherwise  provided  by  C°^m 
law,  continue  to  hold  office  until  the  vacancy  shall 
have  been  filled  in  accordance  with  law. 

§  10.  Official  oaths.     Every  officer   shall  take  official 
and  file  the  oath  of  office  required  by  law  before  he°aths- 
shall  be  entitled  to  enter  upon  the  discharge  of  any 
of  his  official  duties.     An  oath  of  office  may  be  How  ad- 
administered   by    any  officer    authorized    to  take, ministered- 
within  the  state,  the  acknowledgment  of  the  execu- 
tion of  a  deed  of  real  property,  or  by  an  officer  in 
whose  office  the  oath  is  required  to  be  filed,  or  may 
be  administered  to  any  member  of  a  body  of  officers, 
by  a  presiding  officer  or  clerk,  thereof,  who  shall  have 
taken  an  oath  of  office.    The  oath  of  office  of  a  notary  where 
public  or  commissioner  of  deeds  shall  be  filed  in  the  a 
office  of  the  clerk  of  the  county  in  which  he  shall 
reside.    The  oath  of  office  of  *  every   state  officer 
shall  be  filed  in  the  office  of  the  secretary  of  state ; 
of   every   office   of  a  municipal  corporation,  with 
the  clerk  thereof;   and   of  every  other  officer,  in 
the  office  of  the  clerk  of  the  county  in  which  he  shall 


264  Laws  of  the  City  of  Coboes. 

reside,  if  no  place  be  otherwise  provided  by  law  for 
the  filing  thereof. 

(As  amended  by  §  1,  Chapter  318,  Laws  of  1893.) 

§  11.  Official  undertakings.     Every  official 
undertaking,  when  required  by  or  in  pursuance  ot 
law  to  be  hereafter  executed  or  filed  by  any  officer, 
Effec  o,  shall  be  to  the  effect  that  he  will  faithfully  discharge 
the  duties  of  his  office  and  promptly  account  for  and 
pay  over  all  moneys  or  property  received  by  him  as 
such  officer,  in  accordance  with  law,  or  in  default 
thereof,  that  the  parties  executing  such  undertaking 
will  pay  all  damages,  costs  and  expenses  resulting 
from  such  default,  not  exceeding  a  sum,  if  any,  speci- 
Approva!  fled  in  snch  undertaking.    The  undertaking  of  a  state 
°f-         officer  shall  be  approved  by  the  comptroller  both  as 
to  its  form  and  as  to  the  sufficiency  of  the  sureties, 
and  be  filed  in  the  comptroller's  office.    The  under- 
taking of  a  municipal  officer  shall,  if  not  otherwise 
provided  by  law,  be  approved  as  to  its  form  and  the 
sufficiency  of  the  sureties  by  the  chief  executive 
officer  or  by  the  governing  body  of  the  municipality 
and  be 'filed  with  the  clerk  thereof.    The  approval  by 
such  governing  body,  may  be  by  resolution,  a  certi- 
fied copy  of  which  shall  be  attached  to  the  undertak- 
_o,.ing.     The  sum  specified  in  an  official  undertaking 
shall  be  the  sum  for  which  such  undertaking  shall  be 
required  by  or  in  pursuance  of  law  to  be  given.    If  no 
sum  or  a  different  sum  from  that  required  by  or  in 
pursuance  of  law  be  specified  in  the  undertaking,  it 
shall  be  deemed  to  be  an  undertaking  for  the  amount 
so  required.  If  no  sum  be  required  by  or  in  pursuance 
of  law  to  be  so  specified,  and  a  sum  be  specified  in 
the  undertaking,  the  sum  so  specified  shall  not  limit 
the  liability  of  the  sureties  therein.     Every  official 
undertaking  shall  be  executed  and  duly  acknowl- 
edged by  at  least  two  sureties,  each  of  whom  shall  add 
thereto  his  affidavit  that  he  is  a  freeholder  or  house- 


Chapter  681,  Laws  of  1892.  265 
holder  within  the  state,  stating  his  occupation  and 
residence  and  the  street  number  of  his  residence  and 
place  of  business  if  in  a  city,  and  a  sum  which  he  is 
worth  over  and  above  his  just  debts  and  liabilities 
and  property  exempt  from  execution.    The  aggre- 
gate of  the  sums  so  stated  in  such  affidavits  must  be 
at  least  double  the  amount  specified  in  the  undertak- 
ing.^ The  failure  to  execute  and  *  official  undertak-  Failure  to 
ing  in  the  form  or  by  the  number  of  sureties  required  der  taking, 
by  or  in  pursuance  of  law,  or  of  a  surety  thereto  to^bSty^f 
make  an  affidavit  required  by  or  in  pursuance  of  law, SMeS' 
or  in  the  form  so  required,  or  the  omission  from  such 
an  undertaking  of  the  approval  required  by  or  in 
pursuance  of  law,  shall  not  affect  the  liability  of  the 
sureties  therein. 

§  12.  Force  and  effect  of  official  undertak-  Force  and 
ing.  An  officer  of  whom  an  official  undertaking  is  !Skh£n" 
required,  shall  not  receive  any  money  or  property  as 
such  officer,  or  do  any  act  affecting  the  disposition  of 
any  money  or  property  which  such  officer  is  entitled 
to  receive  or  have  the  custody  of,  before  he  shall  have 
filed  such  undertaking ;  and  any  person  having  the 
custody  or  control  of  any  such  money  or  property 
shall  not  deliver  the  same  to  any  officer  of  whom  an 
undertaking  is  required  until  such  undertaking  shall 
have  been  given.  If  a  public  officer  required  to  give  an  sureties 
official  undertaking,  enters  upon  the  discharge  of  any  previous 
of  his  official  duties  before  giving  such  undertaking,  the 
sureties  upon  his  undertaking  subsequently  given  for 
or  during  his  official  term  shall  be  liable  for  all  his 
acts  and  defaults  done  or  suffered  and  for  all  moneys 
and  property  received  during  such  term  prior  to  the 
execution  of  such  undertaking,  or  if  a  new  undertak- 
ing is  given,  from  the  time  notice  to  give  such  new 
undertaking  is  served  upon  him.  Every  official  under-  du 
taking  shall  be  obligatory  and  in  force  so  long  as  the"1 
officer  shall  continue  to  act  as  such  and  until  his 

*So  in  the  original. 


ration  of 
suretyship. 


266 


Neglect  to 
file  oath  or 
undertak- 
ing. 


Notice  of 
appoint- 
ment or 
election. 


Notice  of 
neglect  to 
file  oath, 
etc.,  how 
given. 


Justice  of 
the  peace. 


Effect  of 
revision. 


Laws  of  the  City  of  Cohoes. 
successor  shall  be  appointed  and  duly  qualified,  and 
until  the  conditions  of  the  undertaking  shall  have 
been  fully  performed.  When  an  oflicial  undertaking 
is  renewed  pursuant  to  law  the  sureties  upon  the 
former  undertaking  shall  not  be  liable  for  any  official 
act  done  or  moneys  received  after  the  due  execution, 
approval  and  filing  of  the  new  undertaking. 

§  13.  Notice  of  neglect  to  file  oath  or  un- 
dertaking.    The  officer  or   body    making  the 
appointment  or  certificate   of  election  of  a  public 
officer  shall,  if  the  officer  be  required  to  give  an  official 
undertaking  to  be  filed  in  an  office  other  than  that  in 
which  the  written  appointment  or  certificate  of  elec- 
tion is  to  be  filed,  forthwith  give  written  notice  of 
such  appointment  or  election  to  the  officer  in  whose 
office  the  undertaking  is  to  be  filed.    If  any  officer 
shall  neglect,  within  the  time  required  by  law,  to  take 
and  file  an  official  oath,  or  execute  and  file  an  official 
undertaking,  the  officer,  with  whom  or  in  whose  office 
such  oath  or  undertaking  is  required  to  be  filed,  shall 
forthwith  give  notice  of  such  neglect,  if  of  an  appoint- 
ive officer,  to  the  authority  appointing  such  officer;  if 
of  an  elective  officer,  to  the  officer,  board  or  body 
authorized  to  fill  a  vacancy  in  such  office,  if  any,  or  if 
none  and  a  vacancy  in  the  office  may  be  filled  by  a 
special  election,  to  the  officer,  board  or  body  author- 
ized to  call  or  give  notice  of  a  special  election  to  fill 
such  vacancy ;  except  that  the  notice  of  failure  of  a 
justice  of  the  peace  to  file  his  official  oath,  shall  be 
given  to  the  town  clerk  of  the  town  for  which  the  jus- 
tice was  elected. 

§  14.  Effect  of  revision  on  terms  of  office. 

If  an  office  be  continued  by  the  general  laws  constitu- 
ting the  revision  of  which  this  chapter  is  a  part,  the 
person  now  lawfully  holding  such  office  shall,  subject 
to  the  provisions  of  such  general  laws,  continue  there- 
in for  the  term  for  which  he  was  chosen,  or  if  holding 


Chapter  681,  Laws  of  1892.  267 

over  after  the  expiration  of  his  term,  until  his  suc- 
cessor shall  be  chosen  and  shall  have  qualified. 

§  15.  Validation  of  official  acts  performed  ^mSii" 
before  filing  official  oath  of  undertaking.  *ct°s- 

If  a  public  officer,  duly  chosed,  has  heretofore  enter- 
ed, or  shall  hereafter  enter  on  the  performance  of  the 
duties  of  his  office,  without  taking  or  filing  an  official 
oath,  or  executing  or  filing  an  official  undertaking,  as 
required  by  the  constitution,  or  by  any  general  or 
special  law,  his  acts  as  such  officer,  so  performed,  shall 
be  as  valid  and  of  as  full  force  and  effect  as  if  such  oath 
had  been  duly  taken  and  filed,  and  as  if  such  under- 
taking had  been  duly  executed  and  filed,  notwithstand- 
ing the  provisions  of  any  general  or  special  law  declar- 
ing any  such  office  vacant,  or  authorizing  it  to  be  de- 
clared vacant,  or  to  be  filled  as  in  case  of  vacancy,  or 
imposing  any  other  forfeiture  or  penalty  for  omis-  ' 
sion  to  take  or  file  any  such  oath,  or  to  execute  or 
file  any  such  undertaking  ;  but  this  section  shall 
not  otherwise  affect  any  provision  of  any  general 
or  special  law,  declaring  any  such  office  vacant,  or 
authorizing  it  to  be  declared  vacant,  or  to  be  filled 
as  in  case  of  vacancy,  or  imposing  any  other  for- 
feiture or  penalty,  by  reason  of  the  failure  to  take  or 
file  any  such  oath  or  to  execute  or  file  any  such  under- 
taking; and  this  section  shall  not  relieve  any  such 
officer  from  the  criminal  liability  imposed  by  section 
forty-two  of  the  penal  code,  for  entering  on  the  dis- 
charge of  his  official  duties  without  taking  or  filing 
such  oath  or  executing  or  filing  such  undertaking. 

( As  added  by  §  1,  Chapter  403,  Laws  of  1894.) 


\ 


268  Laws  of  the  City  of  Cohoes. 

ARTICLE  II. 

CREATION  AND  FILLING  OF  VACANCIES. 

Section  20.  Creation  of  vacancies. 

21.  Resignations. 

26.  Notice  of  existence  of  vacancy. 

27.  Terms  of  officers  chosen  to  fill  vacancies. 

creation  of  §  20.  Creation  of  vacancies.  Every  office  shall 
be  vacant  upon  the  happening  of  either  of  the  follow- 
ing events  before  the  expiration  of  the  term  thereof : 

1.  The  death  of  the  incumbent ; 

2.  His  resignation ; 

3.  His  removal  from  office ; 

4.  His  ceasing  to  be  an  inhabitant  of  the  state,  or 
if  he  be  a  local  officer,  of  the  political  subdivision,  or 
municipal  corporation  of  which  he  is  required  to  be  a 
resident  when  chosen ; 

5.  His  conviction  of  a  felony,  or  a  crime  involving 
a  violation  of  his  oath  of  office ; 

6.  The  judgment  of  a  court,  declaring  void  his 
election  or  appointment,  or  that  his  office  is  forfeited 
or  vacant ; 

7.  His  refusal  or  neglect  to  file  his  official  oath  or 
undertaking,  if  one  is  required,  before  or  within 
fifteen  days  after  the  commencement  of  the  term  of 
office  for  which  he  is  chosen,  if  an  elective  office,  or  if 
an  appointive  office,  within  fifteen  days  after  notice 
of  his  appointment,  or  within  fifteen  days  after  the 
commencement  of  such  term;  or  to  file  a  renewal 
undertaking  within  the  time  required  by  law,  or  if 
no  time  be  so  specified,  within  fifteen  days  after 
notice  to  him  in  pursuance  of  law,  that  such  renewal 
undertaking  is  required.  When  a  new  office  or  an 
additional  incumbent  of  an  existing  office,  shall  be 
created,,   such   office  shall  for  the  purposes  of  an 


Chapter  68],  Laws  of  1892.  269 
appointment  or  election,  be  vacant  from  the  date  of 
its  creation,  until  it  shall  be  filled  by  election  or 
appointment. 

§  21.  Resignations.     Public  officers  may  resign  Resigna- 
their  offices  as  follows  :  lfedow 

[Sub-divisions  1-6  are  not  applicable  to  city  offices.] 

7.  The  officer  of  any  other  municipal  corporation, 
to  the  clerk  of  the  corporation ; 

8.  Every  other  appointive  officer,  where  not  other- 
wise provided  by  law,  to  the  body,  board  or  officer 
that  appointed  him,  and  every  other  elective  officer, 
where  not  otherwise  provided  by  law,  to  the  Secretary 
of  state. 

Every  resignation  shall  be  in  writing  addressed  to  To.be  in 
the  officer  or  body  to  whom  it  is  made.    If  addressed  Wdting 
to  an  officer,  it  shall  take  effect  upon  delivery  to  him  When  to 
at  his  place  of  business  or  when  it  shall  be  filed  in  his take  effect 
office. 

If  addressed  to  the  legislature  or  to  the  presiding  Do. 
officer  of  either  house  thereof,  it  shall  be  delivered  to 
and  filed  with  the  secretary  of  state,  and  shall  take 
effect  when  so  delivered,  and  he  shall  forthwith  com- 
municate the  fact  of  such  resignation  to  the  legisla- 
ture or  to  such  house,  if  in  session,  or  if  not,  at  its 
first  meeting  thereafter. 

If  addressed  to  any  other  body  it  shall  be  delivered  Do. 
to  the  presiding  officer  or  clerk  of  such  body,  if  there 
be  one,  and  if  not,  to  any  member  thereof,  and  shall 
take  effect  upon  such  delivery,  and  shall  be  filed  with 
the  clerk,  or  if  there  be  no  clerk,  with  the  other 
records  of  such  body.    A  delivery  at  the  office  or  place  what  a 
of  residence  or  business  of  the  person  to  whom  any  ESSS 
such  resignation  may  be  delivered  shall  be  a  sufficient 
delivery  thereof. 


§§  22-25a.  [Not  applicable  to  city  officers.] 


270 


Notice  of 
vacancy 
upon  con- 
viction of 
felony. 


Notice  of 
vacancy 
upon 
death. 


Terms  of 
officers 
tilling 
vacancies. 


Laws  of  the  City  of  Cohoes. 

§  26.  Notice  of  existence  of  vacancy.  When 
a  judgment  shall  be  rendered  by  any  court  convicting 
an  officer  of  a  felony,  or  of  a  crime  involving  a  viola- 
tion of  his  oath  of  office,  or  declaring  the  election  or 
appointment  of  any  officer  to  be  void,  or  that  the 
office  of  any  officer  has  been  forfeited  or  become  va- 
cant, the  clerk  of  such  court  shall  give  notice  thereof 
to  the  governor,  stating  the  cause  of  such  conviction 
or  judgment. 

Whenever  a  public  officer  shall  die  before  the  expi- 
ration of  his  term  of  office,  or  shall  cease  to  be  a 
resident  of  the  political  sub-division  of  the  state  or  a 
municipal  corporation  in  which  he  is  required  to  be  a 
resident  as  a  condition  of  continuing  in  the  office, 
the  county  clerk  of  the  county  in  which  such  officer 
shall  have  resided  immediately  prior  to  such  death 
or  removal,  shall  immediately  give  notice  of  snch 
death  or  removal  to  the  governor.    If  the  governor  is 
not  authorized  to  fill  any  vacancy  of  which  he  shall 
have  notice,  he  shall  forthwith  give  notice  of  the 
existence  of  such  vacancy  to  the  officer  or  officers,  or  to 
the  body  or  board  of  officers  authorized  to  fill  the 
vacancy,  or  if  such  vacancy  may  be  filled  by  an 
election,  to  the  officers  authorized  to  give  notice  of 
such  election. 

§  27.  Terms  of  officers  chosen  to  fill  vacan- 
cies. If  an  appointment  of  a  person  to  fill  a  vacancy 
in  an  appointive  office  be  made  by  the  officer,  or  by 
the  officers,  body  or  board  of  officers,  authorized  to 
make  appointment  to  the  office  for  the  full  term,  the 
person  so  appointed  to  such  vacancy  shall  hold  office 
for  the  balance  of  the  unexpired  term.  The  term  of 
office  of  an  officer  appointed  to  fill  a  vacancy  in  an 
elective  office,  shall  be  until  the  commencement  of  the 
political  year  next  succeeding  the  first  annual  election 
after  the  happening  of  the .  vacancy,  if  the  office  be 
made  elective  by  the  constitution,  or  at  which  the 


Chapter  681,  Laws  of  1892.  271 

vacancy  can  be  filled  by  election,  if  the  office  be 
otherwise  made  elective. 

[Remainder  of  Article  II  not  applicable  to  city 
officers.] 


ARTICLE  III. 

POWERS  AND  DUTIES  OF  PUBLIC  OFFICERS. 

Section  41.  Business  in  public  offices  on  public  holi- 
days. 

42.  Payment  of  expenses  of  public  officers. 

§  40.  [Not  applicable  to  city  officers.] 

§  41.  Business  in  public  offices  on  public  Pubnc bUsi 
holidays.    Holidays  and  half  holidays  shall  be  con-Sa?*. 
sidered  as  Sunday  for  all  purposes  relating  to  the 
transaction  of  business  in  the  public  offices  of  the 
state,  and  of  each  county. 

§  42.  Payment  of  expenses  of  public  offi  -  Payment  __ 
cers.    Every  public  officer  who  is  not  allowed  any  public  offi- 
compensation  for  his  services  shall  be  paid  his  actual  ^ 
expenses  necessarily  incurred  in  the  discharge  of  his 
official  duties. 

[  Remainder  of  Article  III  not  applicable  to  city 
officers.] 


of 


Note:    The  following  provisions  of  law  are  also  applicable  to  city  officers: 

Chapter  792,  Laws  of  1895,  relative  to  the  protection  of  bona  fide  purchasers  and 

holders  of  coupon  bonds  and  of  municipal  corporations  against  misfeasance,  etc  , 

of  public  officers. 

§  2471a  of  the  Code  of  Civil  Procedure,  relative  to  the  delivery  to  public  officers  of 
books  and  papers. 


272 


Laws  of  the  City  of  Cohoes. 


Also  the  following  sections  of  the  Penal  Code  having  relation  to: 
Neglecting  or  refusing  to  execute  process,  §  116. 
Neglect  of  public  officers,  §  117. 

Delaying  to  take  person  arrested  before  magistrate,  §  118. 

Appointment  of  special  deputy  sheriffs,  §  119, 

Misconduct  in  executing  search  warrant,  §  120. 

Refusing  to  aid  officer,  in  making  arrest,  §  121. 

Refusing  to  make  arrest,  §  122. 

Intimidating  of  public  officers,  §  127. 

Omission  of  duty  by  public  officers,  §  154. 

Making  false  certificates,  §  162. 

False  auditing  and  paying  claims,  §  165. 

Misappropriation  and  falsification  of  accounts  by  public  officer,  §  470. 
Other  violations  of  law  by  public  officers,  §  471. 
Interest  in  contract  by  public  officer,  §  473. 
Obstructing  officer  in  collecting  revenue,  §  475. 

Fraudently  presenting  bills  or  claims  to  the  public  officers  for  payment,  §  67' 


THE  CIVIL  SERVICE  LAW. 


CHAPTER  370,  LAWS  OF  1899. 

An  act  in  relation  to  the  civil  service  of  the  state  of 
New  York  and  the  cities  and  civil  divisions  thereof, 
constituting  chapter  three  of  the  general  laws. 


Became  a  law  April  19, 1899,  with  the  approval  of  the  Governor.  Passed, 
majority  being  present. 


The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 


Section    1.  Short  title. 

2.  Definitions. 

7.  Duties  of  public  officers. 

8.  Unclassified  service ;  classified  service. 

10.  The  classified  city  service. 

11.  Classification. 

12.  The  exempt  class. 

13.  The  competitive  class. 

14.  Exceptions   from   competitive  examina- 

tion. 

15.  Promotion,  transfer,  reinstatement,  reduc- 

tion. 

16.  The  non-competitive  class. 

17.  The  labor  class  in  cities. 

273 


274  Laws  of  the  City  of  Cohoes. 

Section  18.  Official  roster ;  reports  of  appointing  offi- 
cers. 

19.  Disbursing  officers. 

20.  Preferences  allowed  honorably  discharged 

soldiers,  sailors  and  marines. 

21.  Power  of  removal  limited. 

22.  Misdemeanor  to  obstruct  right  of  exami- 

nation; false  representation;  imper- 
sonation in  examination.  - 

23.  Recommendations  for  appointment  or 

promotion. 

24.  Political  assessments  prohibited. 

25.  Officers  or  candidates  not  to  promise  in- 

fluence, etc.;  6 'public  officer"  and 
"  public  employee  "  defined. 

26.  Attendance  of  witnesses;  fees. 

27.  Taxpayer's  action. 

28.  Saving  clause. 

29.  Repeal. 

30.  When  to  take  effect. 


[The  last  seven  words  of  title  and  the  above  head 
lines  were  added  by  §§  1  and  2,  Chapter  195,  Laws  of 
1900.] 


Title.         Section  1.  Short  title.    This  chapter  shall  be 
known  as  the  civil  service  law. 

Definitions      ^  2.  Definitions.    When  used  in  this  chapter, 

1.  The  term  "Commission"  or  "  State  commission' ' 
means  the  State  Civil  Service  Commission. 

2.  The  term  "municipal  commission"  means  the 
municipal  civil  service  commission  of  a  city. 

3.  The  "civil  service"  of  the  state  of  New  York  or 
any  of  its  civil  divisions  or  cities  includes  all  offices 
and  positions  of  trust  or  employment  in  the  service  of 
the  state  or  of  such  civil  division  or  city,  except  such 


Chaptee  370,  Laws  of  1899.  275 

offices  and  positions  in  the  militia  and  the  military 
departments  as  are  or  may  be  created  under  the  pro- 
visions of  article  eleven  of  the  constitution. 

4.  The  "state  service"  shall  include  all  snch  offices 
and  positions  in  the  service  of  the  state  or  of  any  of 
its  civil  divisions  except  a  city. 

5.  The  "city  service"  shall  include  such  positions 
in  the  service  of  any  city. 

6.  The  term  "appointing  officer"  signifies  the  officer, 
commission,  board  or  body  having  the  power  of 
apx^ointment  to  subordinate  positions  in  any  office, 
court,  department,  commission,  board,  or  institution. 

§§  3-6.  [Not  applicable  to  city  service.] 

§  7.  Duties  of  public  officers.  It  shall  be  the  Duties  of 
duty  of  all  officers  of  the  state  of  New  York  or  of  conform  to 
any  city  or  civil  division  thereof  to  conform  to  and 
comply  with  and  to  aid  in  all  proper  ways  in  carrying 
into  effect  the  provisions  of  this  act,  and  the  rules 
and  regulations  prescribed  thereunder  and  any  modi- 
fication thereof.  No  officer  or  officers  having  the 
power  of  appointment  or  employment  shall  select  or 
appoint  any  person  for  appointment,  employment, 
promotion  or  reinstatement  except  in  accordance  with 
the  provisions  of  this  act  and  the  rules  and  regula- 
tions prescribed  thereunder.  Any  person  employed 
or  appointed  contrary  to  the  provisions  of  this  act  or 
of  the  rules  and  regulations  established  thereunder, 
shall  be  paid  by  the  officer  or  officers  so  employing  or 
appointing,  or  attempting  to  employ  or  appoint,  him, 
the  compensation  agreed  upon  for  any  services  per- 
formed under  such  appointment  or  employment,  or  in 
case  no  compensation  is  agreed  upon,  the  actual  value 
of  such  services,  and  any  expenses  incurred  in  con- 
nection therewith,  and  shall  have  a  cause  of  action 
against  such  officer  or  officers  or  any  of  them  for  such 
sum  or  sums  and  for  the  costs  of  the  action.  No 


276  Laws  of  the  City  of  Cohoes. 

public  officer  shall  be  reimbursed  by  the  state  or  any 
of  its  civil  divisions  for  any  sums  so  paid  or  recov- 
ered in  any  such  action. 

Kinds  of      §  8.  Unclassified  service;  classified  ser- 
servke.     Y^CG     The  civil  service  of  the  state  and  of  each  of 
its  civil  divisions  and  cities  shall  be  divided  into  the 
unciassi-   unclassified  service  and  the  classified  service.  The 

fied  service.  ^ 

unclassified  service  shall  comprise  all  elective  omces ; 
all  offices  filled  by  election  or  appointment  by  the 
legislature  on  joint  ballot ;  all  persons  appointed  by 
name  in  any  statute;  all  legislative  officers  and  em- 
ployees ;  all  offices  filled  by  appointment  by  the  gov- 
ernor, either  upon  or  without  confirmation  by  the 
senate,  except  officers  and  employees  in  the  executive 
offices ;  all  election  officers ;  the  head  or  heads  of  any 
department  of  the  government,  and  persons  employed 
in  or  who  seek  to  enter  the  public  service  as  superin- 
tendents, principals  or  teachers  in  a  public  school  or 
classified  academy  or  in  a  state  normal  school  or  college.  The 
classified  service  shall  comprise  all  positions  not 
included  in  the  unclassified  service.  All  appoint- 
ments or  employments  in  the  classified  service  shall 
be  for  a  probationary  term  not  exceeding  the  time 
fixed  in  the  rules. 

§  9.  [Not  applicable  to  city  service.] 

classified  §  io.  The  classified  city  service.  The  mayor 
Ruyieserforce  0f  each  city  in  this  state,  shall  appoint  and  employ 
suitable  persons  to  prescribe,  amend  and  enforce 
rules  for  the  classification  of  the  offices,  places  and 
employments  in  the  classified  service  of  such  city,  and 
for  appointments  and  promotions  therein  and  examin- 
ations therefor ;  and  for  the  registration  and  selection 
of  laborers  for  employment  therein,  not  inconsistent 
with  the  constitution  and  the  provisions  of  this  act, 
and  shall  amend  the  same  from  time  to  time.  Such 
persons  shall  be  municipal  service  commissioners  and 
shall  constitute  the  municipal  civil  service  commission 


classifica 
tion  of  ser 


Municipal 
civil  service 
commis- 
sioners. 


3r  to 
approve 


Chapter  370,  Laws  of  1899.  277 

of  such  city.    All  appointments  or  designations  of  Appoint 
municipal  civil  service  commissioners  shall  be  made  in  mS?' l" 
such  manner  that  not  more  than  two-thirds  of  such 
commissioners  in  any  city  shall  at  any  time  be  adher- 
ents of  the  same  political  party.    Such  rules  herein  MaVO 
prescribed  and  established,  and  all  regulations  nOW  rules 
existing  for  appointment  and  promotion  in  the  civil 
service  of  said  city,  and  any  subsequent  modification 
thereof,  whether  prescribed  under  the  authority  of  a 
general  law  or  of  any  special  or  local  law,  shall  be 
valid  and  take  or  continue  in  effect  only  upon  the 
approval  of  the  mayor  of  the  city  and  qf  the  state 
civil  service  commission.    The  authority  by  this  sec-  Authority 
tion  conferred  shall  not  be  so  exercised  as  to  take  from restricted 
any  policeman  or  fireman  any  right  or  benefit  confer- 
red by  law,  or  existing  under  any  lawful  regulation 
of  the  department  in  which  he  serves.    All  examina-  Examina- 
tions herein  authorized  shall  be  public,  and  all  rules tionspublic 
shall  be  published,  and,  with  all  the  proceedings  and 
papers  connected  with  said  examinations,  shall  be  at 
all  times  subject  to  the  inspection  of  said  state  com- 
mission and  its  agents ;  and  said  commission  shall  set 
forth  in  its  report  the  character  and  practical  effects 
of  such  examinations,  together  with  its  views  as  to 
the  improvement  and  extension  of  the  same,  and  also 
copies  of  all  rules  made  under  the  authority  hereby 
conferred.     Subject  to  the  provisions  of  this  act  and  Municipal 
oi  said  rules,  the  municipal  commission  of  any  city 
shall  make  regulations  for  and  have  control  of  exam- 
inations and  registrations  for  the  service  of  such  city, 
and  shall  supervise  and  preserve  the  records  of  the 
same.    In  case,  for  any  reason,  the  mayor  of  any  city  state 
within  sixty  days  after  he  has  the  power  to  appoint,  appoint 
fails  to  appoint  such  municipal  commissioners,  the?>mnrrClp 
state  commission  shall  appoint  them  to  hold  office  until  ^eS 
the  expiration  of  the  term  of  the  mayor  then  in  office 
and  their  successors  are  appointed  and  qualify.  It  shall  St.ate 

i       , -I        -,  „  ..  mission 

oe  tne  duty  ot  such  persons  to  prepare  and  to  procure  mrSpai 

rules,  when.. 


commission 
to  control 
examina- 


com- 
mission  to 


!  commis- 
sioners, 


:  com- 
mission to 


Reports  to 
the  state 
commis- 
sion. 


278  Laws  of  the  City  of  Gohoes. 

the  approval  of  the  rules  herein  provided  for,  and,  if 
they  fail  to  do  so   within   sixty  days  after  their 
appointment,  the  state  commission  shall  forthwith 
make  said  rules.    It  shall  be  the  duty  of  such  persons 
to  make  reports  from  time  to  time  to  the  state  com- 
mission, whenever  said  commission  may  request,  of  the 
manner  in  which  this  law,  and  the  rules  and  regula- 
tions thereunder,  have  been  and  are  administered,  and 
the  results  of  their  administratation  in  such  city,  and 
of  such  other  matters  as  said  commission  may  require, 
and  annually  on  or  before  the  fifteenth  day  of  Janu- 
ary, to  make  such  a  report  to  said  commission ;  and 
it  shall  be  the  duty  of  said  state  commission  in  its 
annual  report  to  set  out  either  these  reports,  or  a 
sufficient  abstract  or  summary  thereof,  to  give  full 
copy  of     and  clear  information  as  to  their  contents.    A  copy  of 
Ssmkted"  the  roster  of  the  classified  civil  service  of  such  city 
commission,  shall  be  transmitted  to  the  state  commission  with  the 
annual  report  aforesaid,  and  shall  be  filed  in  the  office 
Removal    of  said  commission  as  a  public  record.    The  mayor 
may  at  any  time  remove  any  municipal  civil  service 
commissioner  appointed  by  him.    Said  state  commis- 
sion may  also,  by  unanimous  vote  of  the  three  com- 
missioners, with  the  written  approval  of  the  governor, 
remove   any  municipal   civil   service  commissioner 
appointed  or  employed  under  the  authority  of  this 
section,  for  incompetence,  inefficiency,  neglect  of  duty 
or  violation  of  the  provisions  of  this  act,  or  of  the 
rules  and  regulations  in  force  thereunder,  or  of  any 
of  them,  specifying  in  writing  the  particulars  of  the 
incompetency,  inefficiency,  neglect  of  duty  or  viola- 
tion charged,  and  filing  the  same  as  a  public  docu- 
ment in  the  office  of  the  city  clerk,  or  if  there  be  no 
city  clerk,  in  the  office  of  the  clerk  of  the  board  of 
aldermen,  and  a  certified  transcript  thereof  in  the 
office  of  the  state  civil  service  commission,  first  giving 
him  an  opportunity  to  make  a  personal  explanation 


of  munici 
pal  com- 
missioners 


Causes  -of 
removal. 


Chapter  370,  Laws  of  1899.  279 

in  self-defense.    Whenever  a  municipal  civil  service  APPoint- 
commissioner  has  been  removed  by  the  unanimous £s2of?e- 
vote  of   the   three   state   commissioners,    with  the™0™' 
written  approval  of  the  governor,  or  whenever  any 
municipal  commissioner  shall  resign  or  be  removed 
by  the  mayor  pending  an  investigation  by  the  state 
commission  of  the  administration  of  the  civil  service 
of  the  city  in  which  such  person  is  a  municipal  com- 
missioner, or  whenever  any  municipal  commissioner 
shall  resign  or  be  removed  by  the  mayor  pending  a 
hearing  by  the  state  commission  of  charges  preferred 
against  such  municipal  commissioner,  the  state  com- 
mission and  not  the  mayor  of  such  city  shall  have 
power  to  appoint  persons  to  fill  such  vacancies,  and 
such  persons  so  appointed  by  the  state  commission 
shall  hold  office  as  a  municipal  civil  service  commis- 
sioners of  such  city  until  the  expiration  of  the  term  of 
the  mayor  then  in  office  and  until  their  successors  are 
appointed  and  qualify.    Said  state  commission  mayRui 


lies.  etc. 

at  any  time,  by  unanimous  vote  of  the  three  commis-  "mended, 

etc.,  by 
>  state  com- 
mission. 


sioners,  amend  or  rescind  any  rule,  regulation  or 
classification  prescribed  under  provisions  of  this  sec- 
tion, provided  that  said  state  commission  shall  state 
the  reasons  for  such  action  in  writing,  and  file  the 
same  and  a  certified  transcript  thereof  as  a  public 
document  as  hereinbefore  provided,*  and  give  an 
opportunity  to  the  municipal  civil  service  commission- 
ers concerned  to  make  a  personal  explanation  and  to 
file  papers  in  opposition  to  such  action.  The  said  a 
state  commission,  however,  shall  not  take  such  action 
upon  any  ground  other  than  that  the  provisions  or 
purposes  of  this  act  are  not  properly  or  sufficiently 
carried  out  by  such  rule,  regulation  or  classification, 
nor  without  specifying  in  writing  and  detail  in  what 
particular  such  provisions  or  purposes  are  not  carried 
out,  nor  shall  said  state  commission  exempt  from 
competitive  examination  any  position,  or  place  or 


ction 
imited. 


280  Laws  of  the  City  of  Cohoes. 

employment  in  any  city  without  the  consent  of  the 

municipal  commission  of  such  city. 

(As  amended  by  Chapter  675,  Laws  of  1900.) 
classify-      a  ii.  Classification.    The  offices  and  positions 

tion.  „ 

in  the  classified  service  of  the  state  or  of  any  city  or 
civil  division  thereof  for  which  civil  service  rules  shall 
be  established  pursuant  to  this  act,  shall  be  arranged 
in  four  classes  to  be  designated  as  the  exempt  class, 
the  competitive  class,  the  non -competitive  class  and, 
in  cities,  the  labor  class. 

Exempt       §  12.  The  exempt  class.    The  following  posi- 
tions shall  be  included  in  the  exempt  class : 
Deputies  of    i.  The  deputies  of  principal  executive  officers  au- 
°ffiCerS'     thorized  by  law  to  act  generally  for  and  in  place  of 
their  principal ; 

Secretaries  2.  One  secretary  of  each  officer,  board  and  commis- 
of  boards.  authorize(i  by  law  to  appoint  a  secretary ; 

Clerks  of       3.  One  clerk,  and  one  deputy  clerk  if  authorized  by 
C°urtS      law,  of  each  court,  and  one  clerk  of  each  elective  judi- 
cial officer; 

unskilled      4.  in  the  state  service,  all  unskilled  laborers  and 

laborers  for  .      ,  n  . 

state.  such  skilled  laborers  as  are  not  included  m  the  com- 
petitive class  or  the  non-competitive  class;  and  in 
addition  thereto  there  may  be  included  in  the  exempt 
class  all  other  subordinate  officers  for  the  filling  of 
which  competitive  or  non-competitive  examination 
Noexemp-  may  be  found  to  be  not  practicable.  But  no  office  or 
spedaiiy85  -position  shall  be  deemed  to  be  in  the  exempt  class 

mentioned.   ±  , 

unless  it  is  specifically  named  in  such  class  in  the 
rules,  and  the  reasons  for  each  such  exemption  shall 
be  stated  separately  in  the  annual  reports  of  the  com- 
mission. Not  more  than  one  appointment  shall  be 
made  to  or  under  the  title  of  any  such  office  or  posi- 
tion, unless  a  different  number  is  specificially  men- 
tioned in  such  rules.  Appointments  to  positions  in 
the  exempt  class  may  be  made  without  examination. 


Chapter  370,  Laws  of  1899.  281 

§  13.  The  competitive  class.   The  competitive comPeti- 
class  shall  include  all  positions  for  which  it  is  practi- Uve  dass' 
cable  to  determine  the  merit  and  fitness  of  applicants 
by  competitive  examination,  and  shall  include  all 
positions  now  existing,  or  hereafter  created,  of  what- 
ever functions,  designations  or  compensation,  in  each 
and  every  branch  of  the  classified  service,  except  such 
positions  as  are  in  the  exempt  class,  the  non-competi- 
tive class  or  the  labor  class.    Appointments  shall  be  APPoint- 
made  to  or  employment  shall  be  given  in  all  positions 

2jj  der,  how 

:  -i  .  .   •  i  1  made. 

the  competitive  class  that  are  not  filled  by  promotion, 
reinstatement,  transfer  or  reduction  under  the  provis- 
ions of  this  act  and  the  rules  in  pursuance  thereof,  by 
appointment  of  those  graded  highest  in  open  competi- 
tive examinations  conducted  by  the  state  or  municipal 
commission,  except  as  herein  otherwise  provided  TheTermsof 

■  »     t         ...  _  eligibility. 

term  ot  eligibility  shall  be  fixed  for  each  eligible  list 
at  not  less  than  one  nor  more  than  four  years.  Ap- 
pointment shall  be  made  from  the  eligible  list  most 
nearly  appropriate  for  the  group  in  which  the  position 
to  be  filled  is  classified,  and  a  new  list  shall  be  created 
for  a  stated  position  or  group  of  positions  only  when 
there  is  no  appropriate  list  existing  from  which  ap- 
pointment may  be  made.    No  person  shall  be  appoint-  Appoint- 
ed or  employed  under  any  title  not  appropriate  to  Conform; 
the  duties  to  be  performed,  and  no  person  shall  be^™^ 
transferred  to,  or  assigned  to  perform  the  duties  of, 
any  position   subject   to   competitive  examination, 
unless  he  shall  have  previously  passed  an  open  com- 
petitive examination  equivalent  to  that  required  for 
such  position,  or  unless  he  shall  have  served  with 
fidelity  for  at  least  three  years  in  a  similar  position. 
Appointments  to  positions  in  the  state  service,  the  s!:ate  ser- 
duties  of  which  are  confined  to  a  locality  outside  of  ^ 
Albany  county,  shall,  so  far  as  practicable,  be  made 
from  residents  of  the  judicial  district  including  such 
locality.    The  examinations  shall  be  public  and  shall  Examina- 
be  practical  in  their  character  and  shall  relate  to  those tionspublic' 


282  Laws  of  the  City  of  Cohoes. 

matters  which  will  fairly  test  the  relative  capacity 
and  fitness  of  the  persons  examined  to  discharge  the 
duties  of  that  service  into  which  they  seek  to  be 

List  of  re-  appointed.    Such  commissions  shall  prepare  lists  of 

?oUbreeprents  preliminary  requirements  and  subjects  of  examination 
for  the  several  positions  or  groups  of  positions  in  the 
competitive  class  and  shall  publish  its  rules  and  such 
information,  and  advertise  such  examinations  in  such 
manner  as  the  nature  of  the  examinations  may  require. 

intending  Eacll  of  such  commissions  shall  require  intending- 

com  pcti  tor  s 

Stionsappli"  competitors  to  file  in  its  office  a  reasonable  length  ot 
contents,   time  before  the  date  of  any  examination,  a  formal 

application  in  which  the  applicant  shall  state  under 

oath : 

1.  His  full  name,  residence  and  postoffice  address. 

2.  His  age,  the  place  and  date  of  his  birth. 

3.  His  health  and  physical  capacity  for  the  public 
service. 

4.  His  right  of  preference  by  reason  of  military  or 
naval  service. 

5.  His  business  or  employment,  and  residence  for 
at  least  the  previous  five  years. 

6.  Such  other  information  as  may  reasonably  be  re- 
required  touching  the  applicant's  merit  and  fitness 
for  the  public  service. 

Blanks  to  Blank  forms  for  such  applications  shall  be  furnished 
nfshed.  sai(q  commissions  without  charge  to  all  persons 

requesting  the  same.    Such  commissions  may  require 
in  connection  with  such  application  such  certificates  of 
citizens,  physicians,  public  officers  or  others  having 
knowledge  of  the  applicant,  as  the  good  of  the  service 
certain     may  require.    Such  commissions  may  refuse  to  exam- 
uSbaTine  an  applicant,  or  after  examination  to  certify  an 
donoarmema" eligible  who  is  found  to  lack  any  of  the  established 

ployment.  o  5  ,  m 

preliminary  requirements  for  the  examination  or  posi- 
tion for  which  he  applies;  or  who  is  physically  so 
disabled  as  to  be  rendered  unfit  for  his  performance  of 


Chaptee  370,  Laws  of  1899.  283 

the  duties  of  the  position  to  which  he  seeks  appoint- 
ment ;  or  who  is  addicted  to  the  habitual  use  o£  intox- 
icating beverages  to  excess ;  or  who  has  been  guilty  of 
a  crime  or  of  infamous  or  notoriously  disgraceful  con- 
duct; or  who  has  been  dismissed  from  the  public 
service  for  delinquency  or  misconduct ;  or  who  has 
intentionally  made  a  false  statement  of  any  material 
fact,  or  practiced,  or  attempted  ,  to  practice,  any  de- 
ception or  fraud  in  his  application,  in  his  examination, 
or  in  securing  his  eligibility  or  appointment.  When  security, 
the  position  to  be  filled  involves  fiduciary  responsi-  (iuired- 
bility,  the  appointing  officer,  where  otherwise  permit- 
ed  by  law,  may  require  the  appointee  to  furnish  a 
bond  or  other  security  and  shall  notify  the  state 
or  municipal  commission  of  the  amount  and  neccessary 
details  thereof. 

§  14.  Exceptions  from  competitive  exami-  Exceptions 

nation.  Positions  in  the  competitive  class  may  be  inatk>Sam~ 
filled  without  competition  as  follows  : 

1.  Whenever  there  are  urgent  reasons  for  filling  a  Exception 

.   .  by  reason 

vacancy  m  any  position  m  the  competitive  class  and of  urgency, 
there  is  no  list  of  persons  eligible  for  appointment 
after  competitive  examination,  the  appointing  officer 
may  nominate  a  person  to  the  state  or  municipal 
commission  for  noncompetitive  examination,  and  if 
such  nominee  shall  be  certified  by  such  commission  as 
qualified  after  such  non-competitive  examination,  he 
may  be  appointed  provisionally  to  fill  such  vacancy 
until  a  selection  and  appointment  can  be  made  after 
competitive  examination,  but  such  provisional 
appointment  shall  not  continue  for  a  longer  period 
than  two  months  in  the  state  service,  or  one  month  in 
any  city,  nor  shall  successive  temporary  appointments 
be  made  to  the  same  position  under  this  subdivision. 

2.  In  case  of  vacancy  in  a  position  in  the  competitive  Exception^ 
class  where  peculiar  and  exceptional  qualifications  SedS?e- 
of  a  scientific,  professional  or  educational  character  ments- 


284  Laws  of  the  City  of  Cohoes. 

are  required,  and  upon  satisfactory  evidence  that 
for  specified  reasons  competition  in  sncli  special  case  is 
impracticable  and  that  the  position  can  be  best  filled 
by  the  selection  of  some  designated  person  of  high 
and  recognized  attainments  in  such   qualities,  the 
state  or  municipal  commission  may  suspend  the  pro- 
visions of  the  rule  requiring  competition  in  such  case, 
but  no  such  suspension  shall  be  general  in  its  applica- 
tion to  such  place,  and  all  such  cases  of  suspension 
shall  be  reported  in  the  annual  reports  of  such  com- 
missions with  the  reasons  for  the  same. 
Exception      3.  When  the  services  to  be  rendered  by  an  appointee 
oftempor-  in  the  state  service  are  for  a  temporary  period  not  to 
?erryoCf  emac"  exCeed  one  month  and  the  need  of  such  service  is 

ployment.  .  ™ 

important  and  urgent,  the  appointing  officer  may 
select  for  such  temporary  service  any  person  on  the 
proper  list  of  those  eligible  for  permanent  appoint- 
ment without  regard  to  his  standing  on  such  list. 

§  15.  Promotion,  transfer,  reinstatement, 
reduction.  Vacancies  in  positions  in  the  competi- 
tive class  shall  be  filled,  so  far  as  practicable,  by  pro- 
motion from  among  persons  holding  positions  in  a 
lower  grade  in  the  department,  office  or  institution  in 
Basis  of  •  which  the  vacancy  exists.  Promotions  shall  be  based 
promotions.  and  competition  ana  lip0n  the  superior 

qualifications  of  the  persou  promoted  as  shown  by  his 
previous  service,  due  weight  being  given  to  seniority. 
For  the  purposes  of  this  section  an  increase  in  the 
salary  or  other  compensation  of  any  person  holding 
an  office  or  position  within  the  scope  of  the  rules  in 
force  hereunder  beyond  the  limit  fixed  for  the  grade 
in  which  such  office  or  position  is  classified,  shall  be 
promotions  deemed  a  promotion.  No  promotion,  transfer  or  rein- 
etc^egu-  statement  shall  be  made  from  a  position  in  one  class 

lated.  nil 

to  a  position  in  another  class  unless  the  same  be 
specially  authorized  by  the  state  or  municipal  com- 
mission, nor  shall  a  person  be  promoted  or  transferred 


Promotions 
etc. 


Chapter  370,  Laws  of  1899.  285 

to  a  position  for  original  entrance  to  which  there  is 
required  by  this  act  or  the  rules  an  examination 
involving  essential  tests  or  qualifications  different  from 
or  higher  than  those  required  for  original  entrance  to 
the  position  held  by  such  person,  unless  he  shall  have 
passed  the  examination  or  attained  a  place  upon  the 
eligible  list  for  such  higher  position. 

§  16.  The  non-competitive  class.  The  non-  Non-com-, 
competitive  class  shall  include  such  positions  as  are cSlw 

-1-  composed. 

not  in  the  exempt  class  or  the  labor  class  and  which 
it  is  impracticable  to  include  in  the  competitive  class. 
Appointments  to  positions  in  the   non  -competitive  APPoint- 
class  shall  be  made  after  such  non-competitive  exam- same-  h°w 

x  made. 

mation  as  is  prescribed  by  the  rules. 

§  17.  The  labor  class  in  cities.     The  labor  Labor  class 
class  in  cities  shall  include  unskilled  laborers  andmcmes 
such  skilled  laborers  as  are  not  included  in  the  com- 
petitive class  or  the  non-competitive  class.    Vacancies  vacancies 
in  the  labor  class  in  cities  shall  be  filled  by  appoint-  ™ed°W 
ment  from  lists  of  applicants  registered  by  the  munici- 
pal commissions.    Preference   in  employment  from 
such  lists  shall  be  given  according  to  date  of  applica- 
tion.   There  shall  be  separate  lists  of  applicants  for 
different  kinds  of  labor  or  employment,  and  the  com-  . 
missions  may  establish  separate  labor  lists  for  various 
institutions  and  departments.    Where  the  labor 

S(3J».  Labor  ser- 

vice  of  any   department  or  institution  extends  to  fePa/a.te 

x  localities. 

separate  localities,  the  commissions  may  provide 
separate  registration  lists  for  each  district  or  locality. 
The  commissions  shall  require  an  applicant  for  regis- 
tration for  the  labor  service  to  furnish  such  evidence 
or  pass  such  examination  as  they  may  deem  proper 
with  respect  to  his  age,  residence,  physical  condition, 
ability  to  labor,  skill,  capacity  and  experience  in  the 
trade  or  employment  for  which  he  applies. 

§  18.  Official  roster ;  reports  of  appointing 

Examina- 

officers.    No   person  shall   be    appointed   to    or  sitemap1-" 

pointment. 


286  Laws  of  the  City  of  Cohoes. 

employed  in  any  position  in  the  classified  service  of  the 
state  or  of  any  city  or  civil  division  thereof  for  which 
rules  have  been  prescribed  pursuant  to  the  provisions 
of  this  act,  until  he  has  passed  an  examination  or  is 
shown  to  be  especially  exempted  from  such  examina- 
tion in  conformity  with  such  rules  and  the  provisions 
Reports  of  of  this  act.    It  shall  be  the  duty  of  each  appointing 
offiPc°eSing  officer  of  the  state  or  any  such  civil  division  thereof, 
except  cities,  to  report  to  the  state  civil  service  com- 
mission forthwith  upon  such  appointment  or  employ- 
ment the  name  of  such  appointee  or  employee,  the 
title  and  character  of  his  office  or  employment,  the 
date  of  the  commencement  of  service  by  virtue  thereof 
and  the  salary  or  compensation  thereof,  and  to  report 
from  time  to  time  and  upon  the  date  of  official  action 
in  or  knowledge  of  each  case,  any  separation  of  a  per- 
son from  the  service,  or  other  change  therein,  and 
such  other  information  as  the  commission  may  require, 
in  order  to  keep  the  roster  hereinafter  mentioned, 
official     The  commission  shall  keep  in  its  office  an  official  roster 
sSfcom-  of  the  classified  civil  service  of  the  state  and  of  each  of 
SeTin,  the  civil  divisions  thereof  for  which  rules  have  been  pre- 
scribed pursuant  to  this  act,  except  cities,  and  shall 
enter  thereon  the  name  of  each  and  every  person  who 
has  been  appointed  to,  employed,  promoted  or  rein- 
stated in  any  position  in  such  service,  upon  such  evi- 
dence as  it  may  require  or  deem  satisfactory  that 
such  person  was  appointed  to,  promoted  or  reinstated 
in  the  service  in  conformity  with  the  provisions  of 
law  and  the  rules  prescribed  pursuant  to  this  act. 
The  official  roster  shall  show  opposite  or  in  connection 
with  each  name  the  date  of  appointment,  employment, 
promotion  or  reinstatement,  the  compensation  of  the 
position,  the  date  of  commencement  of  service,  and 
date  of  transfer  in  or  separation  from  service  by  dis- 
missal, resignation,  cancellation  of  appointment  or 
official  ros- death.    In  like  manner  the  municipal  commission  of 
corm°miCs!.ty  each  city  shall  keep  in  its  office  an  official  roster  of 

sions,  en-  ^  x 

tries  in,  etc. 


Chapter  370,  Laws  of  1899.  287 

the  classified  civil  service  of  such  city,  and  shall  enter 
thereon  the  name  of  each  and  every  person  who  has 
been  appointed  to,  employed,  promoted  or  reinstated 
in  any  position  in  such  service,  upon  such  evidence  as 
it  may  require  or  deem  satisfactory  that  such  person 
was  appointed  to,  or  employed,  promoted  or  reinstated 
in  the  service  in  conformity  with  the  provisions  of 
law  and  of  the  rules,  and  it  shall  be  the  duty  of  each 
appointing  officer  of  such  city  to  report  to  such 
municipal  commission  in  like  manner  as  is  herein- 
before provided  for  reports  from  appointing  officers 
to  the  state  commission. 


§  19.  Disbursing  officers.  It  shall  be  unlaw-  Fiscal  and 
f ul  for  the  comptroller  or  other  fiscal  officer  of  the  oJwTng 
state  or  any  city  or  civil  division  thereof  for  which f"o°mau-ed 

.    .-,  .  ,  thorizing 

civil  service  rules  have  been  prescribed  pursuant  to°^£mg 
this  act,  to  draw,  sign  or  issue,  or  authorize  the  draw-  e?c0ffinoetr^ 
ing,  signing  or  issuing  of  any  warrant  on  the  treas- certked- 
urer  or  other  disbursing  officer  of  the  state  or  such 
city  or  civil  division  thereof,  for  the  payment  of,  or 
for  the  treasurer  or  other  disbursing  officer  of  the 
state  or  of  such  city  or  civil  division  thereof,  to  pay 
any  salary  or  compensation  to  any  officer,  clerk  or 
other  person  in  the  classified  service  of  the  state  or  of 
such  city  or  civil  division  thereof,  unless  an  estimate, 
payroll  or  account  for  such  salary  or  compensation, 
containing  the  names  of  the  persons  to  be  paid,  shall 
bear  the  certificate  of  the  state  civil  service  commis- 
sion, or  in  case  of  the  service  of  a  city,  the  certificate 
of  the  municipal  civil  service  commission  of  such  city, 
that  the  persons  named  in  such  estimate,  payroll  or 
account  have  been  appointed  or  employed  or  pro- 
moted in  pursuance  of  law  and  of  the  rules  made  in 
pursuance  of  law.    Any  officer,  clerk  or  other  person  Persons  in 
entitled  to  be  certified  by  said  commisson,  or  either  pioymenT 
of  them,  to  the  comptroller,  treasurer  or  other  fiscal  certified, 
or  disbursing  officer  of  the  state  or  any  city  or  civil 


288  Laws  or  the  City  of  Cohoes. 

division  thereof,  as  having  been  appointed  or  em- 
ployed in  pursuance  of  law  and  of  the  rules  made  in 
pursuance  of  law,  and  refused  such  certificate,  may 
maintain  a  proceeding  by  mandamus  to  compel  such 
com  mission  or  commissions  to  issue  such  certificate. 
Recovery  Any  sums  paid  contrary  to  the  provisions  of  this  sec- 
plid^vio-  tion  may  be  recovered  from  any  officer  or  officers 
!aw°not    making  such  appointment  in  contravention  of  the 
provisions  of  law  and  of  the  rules  made  in  pursuance 
of  law,  or  any  officer  signing  or  countersigning,  or 
authorizing  the  signing  or  countersigning  of  any  war- 
rant for  the  payment  of  the  same,  and  from  the 
sureties  on  his  official  bond,  in  an  action  in  the 
supreme  court  of  the  state,  maintained  by  a  citizen 
resident  therein,  who  is  assessed  for  and  is  liable  to 
pay,  or  within  one  year  before  the  commencement  of 
the  action,  has  paid  a  tax  therein.     All  moneys 
recovered  in  any  action  brought  under  the  provisions 
of  this  section  must,  when  collected,  be  paid  into  the 
treasury  of  the  state  or  such  civil  division  thereof, 
except  that  the  plaintiff  in  any  such  action  shall  be 
entitled  to  receive  for  his  own  use  the  taxable  costs 
of  such  action. 

Preference     §  20.  Preferences  allowed  honorably  dis- 

bly  dis-  f» 

harmed  soldiers,  sailors  and  marines.  In 

charged  0  hit  i  j_» 

soldiers,  every  public  department  and  upon  all  public  works  ol 
the  state  of  New  York  and  of  the  cities,  counties, 
towns  and  villages  thereof,  honorably  discharged 
soldiers,  sailors  and  marines  from  the  army  and  navy 
of  the  United  States  in  the  late  civil  war,  who  are 
citizens  and  residents  of  this  state,  shall  be  entitled 
to  preference  in  appointment  and  promotion  without 
regard  to  their  standing  on  any  list  from  which  such 
appointment  or  promotion  may  be  made,  provided 
their  qualifications  and  fitness  shall  have  been  ascer- 
tained as  provided  in  this  act  and  the  rules  and  regu- 
lations in  pursuance  thereof ;  and  the  persons  thus 
preferred  shall  not  be  disqualified  from  holding  any 


Chapter  370,  Laws  of  1899.  289 

position  in  the  civil  service  on  account  of  his  age  or 
by  reason  of  any  physical  disability,  provided  such 
age  or  disability  does  not  render  him  incompetent  to 
perform  the  duties  of  the  position  applied  for.  When- 
ever any  list  of  eligible  persons,  prepared  under 
authority  of  this  act,  shall  contain  the  names  of  hon- 
orably  discharged   soldiers,    sailors    and  marines, 
entitled  to  preference  as  aforesaid,  any  reference  in 
this  act  or  in  the  rules  and  regulations  in  pursuance 
thereof  to  the  persons  standing  highest  on  such  list, 
shall  be  deemed  to  indicate  those  standing  highest  of 
those  entitled  to  preference  by  the  provisions  of  this 
section,  and  such  persons  shall  be  given  preference  on 
any  list  of  registered  applicants  for  employment  in 
the  labor  service,  in  accordance  with  the  dates  of 
their  several  applications,  as  though  such  applications 
had  been  filed  prior  to  those  of  any  persons  on  such 
lists  not  entitled  to  the  preference  provided  by  this 
section.    A  refusal  to  allow  the  preference  provided  ^e^Uid 
for  in  this  and  the  next  succeeding  section  to  any  aSsde-'' 
honorably  discharged  soldier,  sailor  or  marine,  or  ameanor 
reduction   of   his  compensation   intended  to  bring 
about  his  resignation,  shall  be  deemed  a  misdemeanor, 
and   such   honorably    discharged  soldier,  sailor  or 
marine  shall  have  a  right  of  action  therefor  in  any 
court  of  competent  jurisdiction  for  damages  and  also 
a  remedy  by  mandamas  for  righting  the  wrong. 

§  21.  Power  of  removal  limited.   Every  per-  wrongs  to 

,  .  be  remedied 

son  whose  rights  may  be  m  any  way  prejudiced  con- Jjy^11- 
trary  to  any  of  the  provisions  of  this  section  shall  be 
entitled  to  a  writ  of  mandamus  to  remedy  the  wrong. 
No  person  holding  a  position  by  appointment  or  employ-  Power  of 

removal 

ment  in  the  state  of  New  York  or  in  the  several  cities, limited- 
counties,  towns  or  villages  thereof,  who  is  an  honora- 
bly discharged  soldier,  sailor  or  marine,  having  served 
as  such  in  the  Union  army  or  navy  during  the  war  of 
the  rebellion,  and  who  is  an  honorably  discharged 
soldier,  sailor  or  marine,  having  served  as  such  in  the 


290  Laws  of  the  City  of  Cohoes. 

army  or  navy  of  the  United  States  during  the 
Spanish-American  war,  or  is  an  honorably  discharged 
soldier,  sailor  or  marine  of  the  regular  army  or  navy 
of  the  United  States,  or  who  shall  have  served  the 
term  required  by  law  in  the  volunteer  fire  department 
of  any  city,  town  or  village  in  the  state,  or  who  shall 
have  been  a  member  thereof  at  the  time  of  disband- 
ment  of  said  volunteer  fire  department,  shall  be  removed 
from  such  position  or  employment,  except  for  incom- 
petency or  misconduct  shown  after  a  hearing,  upon 
due  notice,  upon  stated  charges  and  with  the  right  to 
such  employee  or  appointee  to  a  review  by  a  writ  of 
Riehtof    certiorari.    In  cities  of  the  first  class,  if  the  position 

soldiers  to  tit 

^Swhenso  held  by  any  such  honorably  discharged  soldier, 
ffilshed,  sailor  or  marine,  or  volunteer  firemen  shall  become 
firstdass'  unnecessary  or  be  abolished  for  reasons  of  economy  or 
otherwise,  the  said  honorably  discharged  soldier, 
sailor  or  marine,  or  volunteer  fireman  holding  the 
same  shall  not  be  discharged  from  the  public  service, 
but  shall  be  transferred  to  any  branch  of  the  said  ser- 
vice for  duty  in  such  position  as  he  may  be  fitted  to 
fill,  receiving  the  same  compensation  therefor.  The 
burden  of  proving  incompetency  or  misconduct  shall 
be  upon  the  party  alleging  the  same.  Nothing  in  this 
section  shall  be  construed  to  apply  to  the  position  of 
private  secretary  or  deputy  of  any  official  or  depart- 
ment, or  to  any  other  person  holding  a  strictly  confi- 
dential relation  to  the  appointing  officer.  A  person 
serving  under  a  probationary  or  provisional  appoint- 
ment shall  not  be  deemed  to  be  holding  a.  position 
within  the  meaning  of  this  section. 

Right  of      §  22.  Misdemeanor  to  obstruct  right  of 

tion  not  to 

examination:  false  representation;  imper- 

be  ob-  .  • 

structed.  sonation  in  examination.  Any  commissioner, 
or  examiner,  or  any  other  person  who  shall  wilfully 
by  himself  or  in  co-operation  with  one  or  more  per- 
sons, defeat,  deceive  or  obstruct  any  person  in  respect 
of  his  or  her  right  of  examination,  or  registration, 


Chapter  370,  Laws  of  1899.  291 

according  to  any  rules  or  regulations  prescribed  pur- 
suant to  the  provisions  of  this  act,  or  who  shall  wil- 
fully and  falsely  mark,  grade,  estimate  or  report  upon 
the  examination  or  proper  standing  of  any  person 
examined,  registered  or  certified,  pursuant  to  the  pro- 
visions of  this  act,  or  aid  in  so  doing,  or  who  shall 
wilfully  make  any  false  representations   concerning  False  rep- 
tile  same,  or  concerning  the  person  examined,  or™am-s 
who  shall  wilfully  furnish  to  any  person  any  special pSed. 
or  secret  information  for  the  purpose  of  either  improv- 
ing or  injuring  the  prospects  or  chances  of  any  person 
so  examined,  registered  or  certified,  or  to  be  examined, 
registered  or  certified,   or  who  shall  personate  any  Impersona- 
other  person,  or  permit  or  aid  in  any  manner  any  Ked™" 
other  person  to  personate  him,  in  connection  with  any 
examination  or  registration,  or  application  or  request 
to  be  examined  or  registered,  shall  for  each  offense  be 
deemed  guilty  of  a  misdemeanor. 

§  23.  Recommendations   for   cippOintmeilt  Recommen- 

or  promotion.     No  recommendation  or  question app°int-°r 

-1,-1,.  merits,  etc., 

under  the  authority  of  this  act  shall  relate  to  the  tTpoiiticaite 
political  opinions  or  affiliations  of  any  person  what-  affiliations 
ever ;  and  no  appointment  or  selection  to  or  removal 
from  an  office  or  employment  within  the  scope  of  the 
rules  established,  as  aforesaid,  shall  be  in  any  manner 
affected  or  influenced  by  such  opinions  or  affiliations. 
No  person  in  the  civil  service  of  the  state  or  of  any  Persons  in 
city  or  civil  division  thereof,  is  for  that  reason  under  obiSed"? 

ir      x-  contribute 

any  obligations  to  contribute  to  any  political  fund  or  £npdolitical 

to  render  any  political  service,  and  no  person  shall  be 

removed  or  otherwise  prejudiced  for  refusing  so  to  do. 

JNo  person  in  the  said  civil  service  shall  discharge  Or  No  dis- 

proinote  or  reduce,  or  in  any  manner  change  the  offi- 

cial  rank  or  compensation  or  any  other  person  in  said t>ute0ntn: 

service,  or  promise  or  threaten  so  to  do  for  giving  or 

withholding  or  neglecting  to  make  any  contribution 

of  money  or  service  or  any  other  valuable  thing  for 


292  Laws  of  the  City  of  Cohoes. 

coercion  by  anv  political  purpose.    No  person  in  said  service  shall 

persons  in  «    *  A  .  n 

service     use  ^is  official  authority  or  influence  to  coerce  the 

prohibited.    Ulkjvy  "  .  „ 

political  action  of  any  person  or  body,  or  to  interfere 
with  any  election. 

political  as-    §  24.  Political  assessments  prohibited.  No 

proSed.  officer,  agent,  clerk  or  employee  under  the  govern- 
ment of  the  state  of  New  York  or  any  civil  division  or 
city  thereof  shall,  directly  or  indirectly,    use  his 
authority  or  official  influence  to  compel  or  induce  any 
other  officer,  clerk,  agent  or  employee  under  said 
government,  or  any  civil  division  or  city  thereof,  to 
pay  or  promise  to  pay  any  political  assessment,  sub- 
personsin  scription  or  contribution.    Every  said  officer,  agent, 
put.ifceof   clerk  or  employee  who  may  have  charge  or  control  in 
mUavdpro-    anv  building,  office  or  room  occupied  for  any  purpose 

hibit  assess-       «-  .....  .  ,       ,  > 

mentswith-0f  sa^  Government,  or  any  said  division  or  city  there- 
in same.       w    ^.a^  Q  ,  . 

of,  is  hereby  authorized  to  prohibit  the  entry  ot  any 
person,  and  he  shall  not  knowingly  permit  any  person 
to  enter  the  same  for  the  purpose  of  therein  making, 
collecting,  receiving  or  giving  notice  of  any  political 
assessment,  subscription  or  contribution ;  and  no  per- 
son shall  enter  or  remain  in  any  said  office,  building 
or  room,  or  send  or  direct  any  letter  or  other  writing 
thereto,  for  the  purpose  of  giving  notice  of,  demand- 
ing or  collecting  a  political  assessment,  nor  shall  any 
person  therein  give  notice  of,    demand,  collect  or 
receive  any  such  assessment,  subscription  or  contribu- 
tion ;  and  no  person  shall  prepare  or  make  out,  or  take 
any  part  in  preparing  or  making  out,  any  political 
assessment,  subscription  or  contribution  with  the  in- 
tent that  the  same  shall  be  sent  or  presented  to  or 
collected  of  any  officer,  agent  or  employee,  subject  to 
the  provisions  of  this  act,  under  the  government  of 
the  state  of  New  York,  or  that  of  any  civil  division 
or  city  thereof,  and  no  person  shall  knowingly  send 
or  present  any  political  assessment,  subscription  or 
contribution  to  or  request  its  payment  of  any  said 


Chapter  370,  Laws  of  1899. 


293 


officer,  agent  or  employee.  •  Any  person  who  shall  be  Punishment 
gailty  of  violating  any  provision  of  this  section  shall  ingthis 

,  section. 

be  deemed  guilty  of  a  misdemeanor. 

§  25.  Officers  or  candidates  not  to  promise  Jsr°™soe^.r 
influence,  et  cetera;  " public  officer"  andi|]J£for 
"public  employee "  defined.    Whoever,  while ^JJbe' 
holding  any  public  office,  or  in  nomination  for,  orSrt 
while  seeking  a  nomination  or  appointment  for  any etc' 
public  office,  shall  corruptly  use  or  promise  to  use, 
whether  directly  or  indirectly,  any  official  authority 
or  influence  (whether  then  possessed  or  merely  antici- 
pated) in  the  way  of  conferring  upon  any  person ;  or 
in  order  to  secure  or  aid  any  person  in  securing  any 
office  or  public  employment,  or  any  nomination,  con- 
firmation, promotion  or  increase  of  salary,  upon  the 
consideration  or  condition  that  the  vote  or  political 
influence  or  action  of  the  last  named  person,  or  any 
other,  shall  be  given  or  used  in  behalf  of  any  candi- 
date, officer  or  party,  or  upon  any  other  corrupt  con- 
dition or   consideration,  shall  be  deemed  guilty  of 
bribery  or  an  attempt  at  bribery.     And  whoever,  Public  om- 

i  i  i  -         rr»  .  cer  using, 

being  a  public  officer,  or  having  or  claiming:  to  have  etc-<author- 

°  °  ity  to  coerce 

any  authority  or  influence  for  or  elfecting  the  nomi-  ^ votes, 
nation,  public  employment,  confirmation,  promotion, etc- 
removal  or  increase  or  decrease  of  salary  of  any  public 
officer,  shall  corruptly  use,  or  promise,  or  threaten  to 
use  any  such  authority  or  influence,  directly  or  indi- 
rectly, in  order  to  coerce  or  persuade  the  vote  or 
political  action  of  any  citizen  or  the  removal,  discharge 
or  promotion  of  any  officer  or  public  employee,  or 
upon  any  other  corrupt  consideration,  shall  also  be 
guilty  of  bribery  or  of  an  attempt  at  bribery.     Every  Punishment, 
person  found  guilty  of  such  bribery,  or  an  attempt  to£ibeUryh 
commit  the  same,  as  aforesaid,  shall,  upon  conviction 
thereof,  be  liable  to  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  three  thousand 
dollars,  or  to  be  imprisoned  not  less  than  ten  days  nor 
more  than  two  years,  or  to  both  said  fine  and  said 


294  Laws  of  the  City  of  Cohoes. 

imprisonment  in  the  discretion  of  the  court.  The 
phrase  "public  officer"  shall  be  held  to  include  all 
public  officials  in  this  state,  whether  paid  directly  or 
indirectly  from  the  public  treasury  of  the  state,  or 
from  that  of  any  civil  division  thereof,  or  by  fees  or 
otherwise;  and  the  phrase  "  public  employee  "  shall 
be  held  to  include  every  person  not  being  an  officer 
who  is  paid  from  any  said  treasury. 

Attendance    §  26.  Attendance  of  witnesses ;  fees.  Wit- 

of  witness-  7 

es<  fees  for.  nesses  and  officers  to  subpoena  and  secure  the  attend- 
ance of  witnesses  before  said  commission,  shall  be 
entitled  to  the  same  fees  as  are  allowed  witnesses  in 

payment  of  civil  cases  in  courts  of  record.    Such  fees  need  not  be 

fees. 

prepaid,  but  the  comptroller  shall  draw  his  warrant 
for  the  payment  of  the  amount  thereof,  when  the 
same  shall  have  been  certified  to  by  the  president  of 
«the  commission,  and  duly  proved  by  affidavit  or  other- 
Duty  of     wiSe  to  the  satisfaction  of  the  said  comptroller ;  and 

public  offi- 

ciaiscon-    a]j  state,  county,  town,  municipal  and  other  officers 

ceming  in-  •  «  ;  x 

forecom-"  and  their  deputies,  clerks,  subordinates  and  employees 
mission,  ghapi  afford  the  said  board  all  reasonable  facilities  in 
conducting  the  inquiries  specified  in  this  act,  and  give 
inspection  to  said  board  of  all  books,  papers  and 
documents  belonging,  or  in  any  way  appertaining  to 
the  respective  offices,  and  shall  also  produce  said 
books  and  papers,  and  shall  attend  and  testify  when 
required  to  do  so  by  said  commission. 

Taxpayer's     §  27.  Taxpayer's  action.    The  right  of  any  tax- 

action  not  .  .  , 

restricted,  payer  to  bring  an  action  to  restrain  the  payment  or 
compensation  to  any  person  appointed  to  or  holding 
any  office,  or  place  or  employment  in  violation  of  any 
of  the  provisions  of  this  act,  shall  not  be  limited  or 
denied  by  reason  of  the  fact  that  said  office,  or  place 
or  employment  shall  have  been  classified  as,  or  deter- 
mined to  be,  not  subject  to  competitive  examination ; 

proviso,  provided,  however,  that  any  judgment  or  injunction 
granted  or  made  in  any  such  action  shall  be  prospective 


Chapter  370,  Laws  of  1899.  295 

only,  and  shall  not  affect  payments  already  made 
or  due  to  such  persons  by  the  proper  disbursing  offi- 
cers, in  accordance  with  the  civil  service  rules  in  force 
at  the  time  of  such  payments. 

§  28.  Saving  clause.  All  rules,  regulations  and  saving 
classifications  for  appointment  or  promotion  in  the°dUSe 
civil  service  of  the  state  or  any  city  or  civil  division 
thereof,  not  inconsistent  with  the  provisions  of  this 
act,  established  with  the  approval  of  the  governor  or 
the  state  commission  under  authority  of  law  prior  to 
the  passage  of  this  act,  shall  continue  in  full  force  and 
effect  until  annulled  or  amended  pursuant  to  the  pro- 
visions of  this  act;  and  the  state  civil  service  commis- 
sioners and  the  municipal  civil  service  commissioners 
of  any  city,  now  in  office,  appointed  or  designated 
under  the  provisions  of  law  prior  to  the  passage  of  ■ 
this  act,  shall  continue  in  office  until  their  successors 
are  appointed  and  qualify,  and  shall  have  the  same 
tenure  and  all  the  powers  and  duties  which  they 
would  have  if  appointed  under  the  provisions  of  this 
act.  All  merit  and  eligible  lists  of  persons  examined 
prior  to  the  passage  of  this  act,  under  the  civil  service 
rules  and  regulations  in  force  at  the  time  of  such 
examination,  shall  be  continued  in  full  force  and 
effect  as  if  formed  under  the  provisions  of  this  act, 
subject,  however,  to  such  reasonable  regulation  and 
revision  as  the  rules  shall  prescribe. 

§  29.  Repeal.  Of  the  laws  enumerated  in  theRepeai. 
schedule  hereto  annexed,  that  portion  specified  in  the 
last  column  is  repealed.  All  other  acts  or  parts  of 
acts,  whether  general,  special  or  local,  and  all  rules, 
regulations  and  classifications  for  appointment  or 
promotion  in  the  civil  service  of  the  state  or  any  civil 
division  thereof,  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed ;  provided,  however,  that 
any  act  done  or  right  accruing,  accrued  or  required, 
or  liability,  penalty,  or  punishment  incurred  prior  to 


296  Laws  of  the  City  of  Cohoes. 

the  passage  of  this  act  shall  not  be  affected  or  impair- 
ed; but  the  same  may  be  asserted,  enforced,  prose- 
cuted or  inflicted  as  fully,  and  to  the  same  extent,  as 
if  the  several  acts  herein  referred  to  had  not  been 
amended  or  repealed. 

Time  of  §  30.  When  to  take  effect.  This  act  shall  take 
SfeSf      effect  immediately. 

[The  schedule  of  repealed  laws  referred  to  in  §  29 
is  here  omitted.] 


/ 


ACTS  RELATING 

TO  THE 

COHOES  HOSPITAL. 


CHAPTER  260,  LAWS  OF  1891. 

An  Act  to  establish  a  hospital  in  and  for  the  city  of 
Cohoes,  and  to  provide  for  the  erection,  govern- 
ment and  maintenance  thereof. 

Approved  by  the  Governor  April  25,  1891.  Passed,  three-fifths  being- present. 

The  People  of  the  Slate  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Ten  days  after  the  passage  of  this  actcom 
the  mayor  of  the  city  of  Cohoes,  by  and  with  theSSS 
advice  and  consent  of  the  common  council  thereof,  is  °f 
hereby  authorized  to  appoint  eight  citizens  of  said 
city  four  of  which  shall  be  chosen  from  each  of  the 
two  principal  political  parties  into  which  the  citizens 
thereof  are  divided,  two  of  whom  shall  be  appointed 
for  one  year,  two  for  two  years,  two  for  three  years, 
and  two  for  four  years,  and  who  shall  constitute  a 
commission  with  power  and  authority  by  this  act  to 
select  a  site  in  the  city  of  Cohoes  in  the  county  of 
Albany,  for  the  erection  of  a  hospital,  at  which  shall 
be  received  such  persons  as  may  require  medical  or 
surgical  advice,  aid  or  treatment,  and  where  medi- 
cines may  be  provided  and  dispensed  for  their  benefit, 

297 


298  Laws  of  the  City  of  Cohoes. 

and  where  they  may  receive  all  necessary  care  and 
suitable  medical  and  surgical  treatment;  and  to  do  all 
things  necessary  in,  pertaining  to,  and  as  now  per- 

Nomina-    formed  at  other  like  institutions  now  existing.  Nomi- 

tions,  when  ..         ,  «         •  -j 

confirmed.  nati0ns  of  commissioners  made  by  the  mayor  ot  said 
city  under  provisions  of  this  act  unless  rejected  by 
the  common  council  within  thirty  days  after  the 
names  of  said  proposed  commissioners  are  sent  to  it 
shall  stand  confirmed. 

Acquisition     S  2.  After  such  site  has  been  selected  as  aforesaid, 

of  property.        "  ,  . 

the  said  commissioners  are  empowered  by  this  act  to 
take  such  property  by  purchase  in  the  name  of  the 
city  of  Cohoes,  after  the  city  attorney  shall  have 
approved  the  validity  of  the  title  to  the  same.  It  is# 
hereby  made  the  duty  of  said  city  attorney  to  approve 
of  such  title  whenever  competent  proof  of  valid  title 
shall  be  presented  to  him. 

§  3.  [Repealed  by  §  3,  Chapter  513,  Laws  of  1898.] 

Erection  of     §  4.  The  said  commissioners  are  hereby  authorized 
hospkal     to  procure  plans  and  estimates  for  the  erection  and  to 
erect  the  necessary  building  or  buildings  of  said  hos- 
pital by  contract,  at  a  cost  not  to  exceed  the  sum  of 
twenty  thousand  dollars. 

certificates  §  5.  The  common  council  of  the  city  of  Cohoes  is 
eanesds!bt~  hereby  authorized,  at  such  time  or  times  and  in  such 

issue  of.  J  ■  .  .  , 

amounts  within  the  limits  of  this  section,  as  may  be 
certified  by  said  commissioners  to  be  necessary,  to 
borrow  on  the  credit  of  said  city,  by  issuing  certifi- 
cates of  indebtedness  of  said  city,  a  sum  or  sums  not 
to  exceed  in  the  aggregate  twenty  thousand  dollars. 
Such  certificates  shall  be  sealed  with  the  seal  of  said 
city  and  signed  by  the  mayor  and  clerk  of  said  city 
and  shall  be  payable  with  interest  at  a  rate  not  to 
exceed  four  per  centum  per  annum,  not  less  than  five, 
sale  nor  more  than  twenty  years  from  date  thereof.  Said 
certificates  shall  be  sold  by  the  chamberlain  of  said 


Chapter  260,  Laws  of  1891.  299 
city  for  not  less  than  the  par  value  thereof,  at  such 
times  and  in  such  manner  as  the  said  common  council 
shall  direct  and  the  proceeds  shall  be  deposited  by 
said  chamberlain  to  the  credit  of  such  fund  aS  Said  Disposition 

-. .  ot proceeds. 

common  council  shall  direct  and  shall  be  applied  solely 
to  the  purchasing  of  grounds,  the  erecting  of  building 
or  buildings  and  the  proper  equipment  of  the  same 
for  said  hospital.    Said  common  council  shall  provide  Tax  for 

»          ,  *  certificates 

tor  trie  payment  ot  such  certificates  by  levying  and and  interest 
collecting  in  the  same  manner  as  other  city  taxes  are 
levied  and  collected  such  additional  sum  or  sums  as 
may  be  sufficient  to  pay  said  certihcates  and  interest 
upon  their  maturity. 

§  6.  In  case  of  the  inability  of  said  commissioners  Lease  of 
to  purchase  grounds  and  to  erect  buildings  as  herein  ^^h^pita] 
provided  to  their  satisfaction  or  until  such  purchase  is  purposes; 
made  and  buildings  are  erected  and  ready  for  occu- 
pancy, said  commissioners  are  authorized  to  enter  into 
contract  for  the  leasing  of  building  or  buildings  suita- 
ble for  the  hospital  purposes  herein  mentioned  and 
situated  within  said  city  of  Cohoes. 

§§  7,  8,  9,  10  and  11.  [Repealed  by  §  3,  Chapter 
513,  Laws  of  1898.] 

§  12.  This  act  shall  take  effect  immediately. 


CHAPTER  51,  LAWS  OF  1896. 


An  Act  to  enable  the  city  of  Cohoes  to  use  for  street 
and  highway  purposes,  and  sell  the  site  hereto- 
fore selected  and  purchased  by  said  city  and 
intended  to  be  used  for  hospital  purposes ;  and 
to  use  the  proceeds  of  such  sale  in  the  purchase 
of  another  site,  erection  of  a  hospital  thereon, 
and  the  equipment  of  the  same. 

Accepted  by  the  city. 

Became  a  law,  February  29,  1896,  with  the  approval  of  the  Governor. 
Passed,  a  majority  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

sale  and       Section  1.  The  common  council  of  the  city  of 
of°£ospftafe  Cohoes  is  hereby  authorized  and  empowered  to  sell 
sheauthor-  ^  convey      ^eed  all  that  certain  tract  or  parcel  of 
land  situate  on  Main  avenue,  in  the  fourth  ward  of 
said  city,  and  heretofore  purchased  by  said  city,  for 
the  purpose  of  establishing  and  maintaining  a  hospital, 
and  to  carry  into  effect  the  provisions  of  an  act  of  the 
legislature  of  the  state  of  New  York,  known  as  chap- 
ter two  hundred  and  sixty,  of  the  laws  of  eighteen 
hundred  and  ninety-one,  the  same  being  an  act, 
entitled  "An  act  to  establish  a  hospital  in  and  lor  the 
city  of  Cohoes,  and  to  provide  for  the  erection,  gov- 
portionex-  ernment  and  maintenance  thereof;"  excepting,  how- 
uSof for  ever,  such  portion  or  portions  of  said  land  as  the  com- 
mon council  of  said  city  shall  determine  shall  be 
necessary  for  street  and  highway  purposes ;  and  said 

300 


Chapter  51,  Laws  of  1896.  301 

city  of  Cohoes  is  hereby  authorized  and  empowered  to 
use  such  portion  or  portions  for  said  street  and  high- 
way purposes. 

§  2.  Such  sale  shall  be  private  or  public,  in  such  saieand 
parcels  and  on  such  terms  and  conditions  as  the  com-  oFproceLTs. 
mon  council  of  said  city  shall  designate  and  determine  ; 
and  the  proceeds  thereof  shall  be  deposited  with  the 
chamberlain  of  said  city  for  the  purpose  of  purchasing 
another  site  in  said  city  of  Cohoes,  to  be  used  for 
hospital  purposes  as  hereinafter  provided,  and  for 
the  erection  of  a  hospital  thereon,  and  the  equipment 
of  the  same. 

§  3.  The  commission  authorized  and  empowered  by  selection  of 

4-  «/  new  site 

chapter  two  hundred  and  sixty  of  t he-laws  of  eighteen  authorized- 
hundred  and  ninety-one  of  the  state  of  New  York,  to 
select  a  site  in  the  city  of  Cohoes  for  the  erection  of 
a  hospital,  are  hereby  authorized  and  empowered, 
after  the  proceeds  of  said  sale  are  deposited  with  said 
chamberlain,  to  select  another  site  for  such  purpose ; 
and  to  take  such  property  by  purchase  in  the  name 
of  the  city  of  Cohoes. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  Repeal, 
provisions  of  this  act  are  hereby  repealed. 

§  5.  This  act  shall  take  effect  immediate]  y. 


CHAPTER  513,  LAWS  OF  1898. 


An  act  to  amend  chapter  two  hundred  and  sixty  of 
the  laws  of  eighteen  hundred  and  ninety- one, 
entitled  "An  act  to  establish  a  hospital  in  and 
for  the  city  of  Cohoes,  and  to  provide  for  the 
erection,  government  and  maintenance  thereof," 
ending  the  term  of  office  of  the  commissioners 
appointed  thereunder  and  the  power  to  appoint 
or  confirm  the  same,  and  repealing  certain  sections 
thereof. 

Accepted  by  the  city. 

Became  a  law,  April  26,  1898,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Terms  of  Section  1.  The  term  of  office  of  all  commissioners 
sfonSsT etc.  appointed  under  said  chapter  two  hundred  and  sixty 
of  the  laws  of  eighteen  hundred  and  ninety-one,  and 
the  power  to  appoint  or  confirm  commissioners  there- 
under in  the  future  shall  cease  and  be  at  an  end 
immediately  upon  the  passage  of  this  act. 

Acts  legal-  §  2.  All  acts  of  commissioners  appointed  under  said 
chapter  two  hundred  and  sixty  of  the  laws  of  eighteen 
hundred  and  ninety-one,  either  in  the  contracting  for, 
selection  and  purchase  of  a  hospital  site,  lands, 
building  and  appurtenances  under  said  act  and  the 
issuing  of  the  bonds  for  the  purchase  thereof,  as  well 
as  all  other  acts  by  said  commissioners,  done  under 
the  provisions  of  said  act  are  hereby  legalized,  ratified, 
approved  and  made  valid,  binding  and  effective. 

Repeal.  §  3.  Sections  three,  seven,  eight,  nine,  ten  and 
eleven  of  said  chapter  two  hundred  and  sixty  of  the 
laws  of  eighteen  hundred  and  ninety- one,  are  hereby 
repealed. 

§  4.  This  act  shall  take  effect  immediately. 

302 


CHAPTER  295,  LAWS  OF  1901. 

An  Act  to  ratify  and  legalize  the  lease  and  agreement 
made  by  and  between  the  city  of  Cohoes,  New 
York,  and  the  Cohoes  hospital  association. 

Accepted  by  the  city. 

Became  a  law,  April  5,  1901,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  The  lease  and  agreement  made  by  and^ee^ndt 
between  the  city  of  Cohoes  and  the  Cohoes  Hospital  le&aliaed- 
Association  bearing  date  the  fourteenth  day  of  Novem- 
ber, nineteen  hundred,  and  recorded  in  the  Albany 
county  clerk's  office  on  the  twenty-seventh  day  of 
November,  nineteen  hundred,  in  book  number  five 
hundred  seventeen  of  deeds  at  page  one  hundred 
seventy-one,  in  and  by  which  the  said  city  of  Cohoes 
did  grant,  demise  and  farm  let  to  the  said  Cohoes 
Hospital  association  certain  lands  therein  fully 
described,  with  the  appurtenances  and  buildings 
thereon,  for  hospital  purposes,  for  the  term  of  fifty 
years  from  and  after  the  first  day  of  January,  nine- 
teen hundred  and  one,  at  the  yearly  rent  of  five 
dollars  per  year,  and  providing  for  the  termination  of 
all  leases  theretofore  executed  by  the  city  of  Cohoes 
to  said  association,  and  for  the  care  of  the  indigent 
sick  and  afflicted  by  such  association,  which  covenants, 
agreements  and  conditions  are  fully  set  forth  and 
contained  in  said  lease  and  agreement,  and  the  resolu- 
tion of  the  common  council  of  the  city  of  Cohoes 
passed  the  7th  day  of  August,  nineteen  hundred,  are 
hereby  in  all  things  ratified  and  legalized. 

§  2.  This  act  shall  take  effect  immediately. 

303 


ACT 
FOR  THE  RELIEF 

OF  THE 

BOARD  OF  EDUCATION 

OF  THE  CITY  OF  COHOES. 


CHAPTER  289,  LAWS  OF  1901. 

An  Act  to  authorize  the  common  council  of  the  city 
of  Cohoes  to  borrow  money  for  the  present  needs 
of  the  board  of  education  of  said  city,  and  to 
enable  it  to  continue  the  schools  of  said  city  until 
the  next  apportionment  of  the  general  city  tax, 
and  to  issue  bonds  and  certificates  of  indebted- 
ness for  the  amount  so  borrowed. 

Accepted  by  the  city. 

Became  a  law,  April  5,  1901,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Estimate       Section  1.  The  board  of  education  of  the  city  of 

of  amount  ,  _ .  .. 

necessary.  c0hoes  is  hereby  authorized,  immediately  upon  pas- 
sage of  this  act,  to  prepare  and  furnish  to  the  common 

304 


Chaptee  289,  Laws  of  1901.  305 
council  of  said  city  an  estimate  and  statement  of  the 
amount  which  said  board  deems  will  be  necessary  for 
the  purpose  of  paying  its  indebtedness,  unpaid  and 
unprovided  for,  and  also  the  amount  which  it  deems 
will  be  necessary  to  continue  the  schools  of  said  city, 
until  the  next  apportionment  of  the  general  city  tax 
of  said  city,  in  the  year  nineteen  hundred  and  one. 
The  total  amount,  however,  which  may  be  borrowed,  Limitation, 
as  in  this  act  provided,  shall  not  exceed  the  sum  of 
fifty-five  thousand  dollars. 

§  2.  It  shall  be  the  duty  of  the  common  council  of  issue  of 
said  city,  immediately  upon  the  furnishing  of  the 

certificates. 

estimate  and  statement  mentioned  in  section  one  of 
this  act,  to  borrow  upon  the  faith  and  credit  of  said 
city,  the  sum  specified  in  said  section  one,  and  to 
issue  the  bonds  and  certificates  of  indebtedness  of  said 
city  therefor,  bearing  interest  at  a  rate  not  exceeding 
four  per  centum  per  annum,  payable  semi-annually. 
Said  certificates  of  indebtedness  shall  be  issued  in 
anticipation  of  the  collection  of  taxes  which  are  due 
and  unpaid  when  this  act  takes  effect  and  which  are 
applicable  when  received,  to  the  payment  of  contin- 
gent city  expenses.  Said  certificates,  with  the  interest 
thereon,  shall  be  payable  from  said  taxes  and  the 
percentages  thereon.    They  shall  be  issued  at  and  for 
such  times  as  the  common  council  shall  determine,  in 
an  amount  not  exceeding  fifteen  thousand  dollars. 
Said  bonds  shall  be  of  the  determination  of  one  thous- 
and dollars  each,  and  shall  be  payable  at  such  times, 
not  exceeding  twenty-five  years,  as  the  said  common 
council  shall  determine.    Said  bonds  shall  be  executed 
by  the  mayor  and  city  clerk  under  the  corporate  seal 
of  said  city  and  shall  be  negotiated  by  the  chamber- sale  of 
lain  of  said  city,  by  selling  the  same  at  his  office,  at^' 
public  auction,  at  not  less  than  par  value  thereof. 
Said  chamberlain  shall  give  public  notice  of  the  time 
and  place  of  any  sale  of  said  bonds,  by  publishing  a 
notice  thereof,  at  least  fifteen  days  previous  to  such 


306  Laws  of  the  City  of  Cohoes. 

sale,  in  such  newspaper  as  shall  be  designated  by  the 
Limitation,  common  council  of  said  city.    Said  bonds  shall  be 

issued  to  the  amount  of  not  exceeding  forty  thousand 

dollars. 

Disposition  §  3.  The  amount  of  money  so  borrowed  shall  be  set 
°fproceeds' apart  by  the  said  chamberlain,  to  the  credit  of  the 
board  of  education  of  said  city,  who  shall  expend  the 
same  for  the  purpose  of  paying  the  indebtedness  of 
said  board,  unpaid  and  unprovided  for,  and  for  the 
purpose  of  continuing  the  schools  of  said  city,  as  pro- 
vided in  section  one  of  this  act.  Any  part  or  portion 
of  said  money,  for  which  said  bonds  and  certificates 
of  indebtedness  shall  be  "issued,  remaining  after  pay- 
ing said  indebtedness  and  the  expense  of  continuing 
the  schools  of  said  city,  as  in  section  one  provided, 
shall  be  paid  into  the  contingent  fund  of  said  board  to 
be  by  it  expended  for  its  general  uses  and  purposes. 

Tax  for  §  4.  It  shall  be  the  duty  of  the  common  council  of 
Pnrind?ard  said  city  of  Cohoes  to  cause  to  be  raised,  yearly  in 
each  fiscal  year  from  the  time  this  act  shall  take 
effect,  by  tax  upon  the  taxable  property  in  said  city, 
in  the  same  manner  as  other  city  taxes  are  levied,  and 
in  addition  thereto,  a  sum  sufficient  to  pay  the  interest 
upon  said  bonds,  and  the  principal  when  and  as  the 
same  shall  become  due  and  payable. 

§  5.  This  act  shall  take  effect  immediately. 


ACT 

CHANGING  TIME 

OF 

HOLDING  ANNUAL  MEETING 

OF 

THE  COMMON  COUNCIL 

AND  OF 

Commencement  of  Fiscal  Year 

ETC. 


CHAPTER  625,  LAWS  OF  1901. 

An  Act  to  amend  chapter  six  hundred  and  seventy- 
one  of  the  laws  of  eighteen  hundred  and  ninety- 
two,  entitled  "An  act  to  revise,  consolidate  and 
amend  the  several  acts  relating  to  the  government 
of  the  city  of  Cohoes,"  in  relation  to  the  time  of 
holding  the  annual  meeting  of  the  common  coun- 
cil of  said  city,  the  commencement  of  the  fiscal 
year  and  of  the  terms  of  office  of  certain  officers 
in  said  city. 

Accepted  by  the  city. 
Became  a  law,  May  1,  1901,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

307 


308  Laws  of  the  City  of  Cohoes. 

Note— The  first  nine  sections  of  this  act,  being  amendments  of  the  revised  charter, 
and  so  printed,  are  omitted  in  this  place;  the  three  following  sections,  not  embracing 
amendments,  in  strict  form,  appearing  elsewhere  in  this  compilation,  as  do  the 
preceding  sections,  are,  for  reference,  printed  here. 

Terms  of       «  io.  This  act  shall  not  be  construed  to  abridge  the 

elective  •  •  -|       •  j_ 

officers.     term  for  which  any  elective  officer  m  said  city,  now 
in  office,  was  elected.    The  terms  of  office  of  all  elect- 
ive officers  elected  in  said  city  in  the  year  nineteen 
hundred  and  one  shall  begin  on  the  third  Tuesday  of 
April  in  the  year  nineteen  hundred  and  two  and, 
except  as  otherwise  prescribed  by  law,  shall  termi- 
nate on  the  first  Tuesday  in  January  in  the  year  of 
their  respective  expirations.    The  terms  of  such  offi- 
cers elected  at  such  subsequent  election  shall,  unless 
otherwise  prescribed  by  law,  begin  on  the  first  Tues- 
day after  the  first  Monday  of  January  next  after  their 
election,  and  shall  continue  for  the  terms  for  which 
Terms  of    they  were  respectively  elected.    Whenever  the  term 
omPc0ernstlve  0f  any  appointive  officer  in  said  city  would,  except  for 
the  provisions  of  law,  as  amended  by  this  act,  extend 
beyond  the  time  specified  in  such  amended  provisions, 
or  any  of  them,  it  shall  expire  as  herein  prescribed. 
Repeal.        §  11.  All  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 
§  12.    This  act  shall  take  effect  immediately. 


ORDINANCES 

OF  THE 

CITY  OF  COHOES 

PASSED  BY  THE  COMMON  COUNCIL, 
SEPTEMBER  3,  1901. 


CHAPTER  I. 


AN    ORDINANCE    RELATIVE    TO    THE  STREETS   IN  THE 
CITY  OF  COHOES. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1 .  No  person  shall  place  any  timber  or  Building 

1  material 

building  material  whatsoever  in  or  upon  any  street  or  jg^^ 
alley  of  said  city,  without  permission  in  writing  from  *£ptetc- 
the  mayor,  or,  in  case  of  his  inability  to  act,  from  Permission- 
the  alderman  designated  to  act  in  his  place,  and  if 
such  designation  has  not  been  made,  from  any  two 
aldermen ;  and  any  person  so  doing  shall  be  subject 
to   the  punishment  provided  by   chapter  twenty 
hereof,  for  every  twenty-four  hours  or  part  thereof, 
during  which  such  timber  or  building  material  shall 
remain  in  or  upon  such  street  or  alley  without  per- 
mission, as  aforesaid. 

309 


310 


Laws  of  the  City  of  Cohoes. 


Permis- 
sion, how 
obtained. 


Bond  to  be 
furnished. 


Proviso. 


All  building 
material, 
dirt,  etc., 
to  be  re- 
moved. 


§  2.  Authority  is  hereby  conferred  upon  the  mayor, 
or.  in  case  of  his  sickness,  absence  from  the  city  or 
inability  to  act,  upon  the  alderman  designated  to  act 
in  his  place,  or,  if  such  designation  shall  not  have 
been  made,  upon  .any  two  aldermen,  upon  application 
made  to  him  or  them,  in  his  or  their  discretion,  to 
grant  to  any  person  applying  therefor  and  specifying 
the  time  the  same  is  desired,  permission  in  writing  to 
place,  deposit  and  keep  any  building  material  upon 
any  street  or  alley  in  said  city  for  any  space  of  time, 
not  exceeding  three  months,  upon  receiving  from  the 
applicant  a  bond  with  at  least  two  sufficient  sureties, 
to  be  approved  by  the  mayor  or  said  aldermen,  as  the 
case  may  require,  not  less  than  five  hundred  dollars 
in  amount,  to  said  city  of  Cohoes,  conditioned  to 
indemnify  said  city  and  save  the  same  free  and  harm- 
less from  any  claim  for  or  recovery  of  damages,  costs 
and  expenses  resulting  from  such  occupation  or  negli- 
gence of  the  applicant'  in  the  use  of  such  street  or 
alley ;  provided,  however,  that  such  permission  shall 
not  extend  to  authorize  the  occupation  of  more  than 
one-half  of  the  sidewalk  and  one-third  of  the  arched 
or  carriage-way  of  such  street,  or  one-half  of  such 
alley,  opposite  to  any  lot  in  said  city  owned  or  occu- 
pied by  the  person  applying  for  such  permit,  unless 
special  permission,  by  resolution  from  the  common 
council  of  said  city,  for  that  purpose,  shall  have  been 
obtained;  and  provided  further,  that  any  such  per- 
mission so  granted  shall  be  subject  to  be  revoked  by 
the  mayor  or  by  the  common  council  of  said  city 
whenever  he  or  it  shall  deem  proper. 

§  3.  Every  person  who  shall  have  placed  or  depos- 
ited any  timber  or  building  materials  upon  any  street 
or  alley  after  having  obtained  permission  therefor,  as 
provided  in  the  last  section,  shall  cause  the  same  and 
all  dirt  and  rubbish  arising  therefrom  to  be  removed 
from  such  street  or  alley,  at  or  before  the  expiration 


City  Ordinances. 


311 


of  the  time  limited  in  said  permission  for  their  con- 
tinuance thereon,  and,  upon  default,  shall  be  subject 
to  the  punishment  provided  by  chapter  twenty  hereof, 
for  each  and  every  twenty-four  hours  the  said  timber 
or  building  material,  dirt  and  rubbish  shall  be  and 
remain  on  such  street  or  alley,  after  the  expiration  of 
the  time  limited  in  such  permission. 

§  4.  The  owner  or  occupant,  in  part  or  in  whole,  of  Sidewalks 

-i     ,  .       „        ,  and  gutter 

any  lot  or  any  part  of  a  lot  upon  any  street  or  alley  gb^ePl 
in  said  city,  shall,  at  all  times,  keep  the  sidewalk  and  order,  etc. 
gutter  adjoining  the  same  in  good  order  and  condition 
and  shall  repair  the  flagging  of  such  sidewalk  in  such 
manner  and  within  such  time  as  shall  be  directed  by 
resolution  of  the  common  council ;  and  the  owner  or 
occupant  in  whole  or  in  part  of  any  lot  or  part  of  a  lot 
adjoining  any  street  or  alley,  who  shall  not  within  the 
time  specified  in  said  resolution  conform  thereto  by 
repairing  such  sidewalk   or  gutter  in  the  manner 
therein  directed,  or  who  shall  not  within  twenty -four  After  notic 
hours  after  receiving  printed  or  writted  notice  from  owners 
the  superintendent  of  streets  and  public  grounds  OP  provisions 
the  captain  of  the  police  force,  that  the  sidewalk  or  ° 
gutter  adjoining  such  lot  or  part  of  a  lot  is  not  in  good 
order  and  condition,  place  the  same  in  good  order  and 
condition,  in  either  case,  such  owner  or  occupant  shall 
be  subject  to  the  provisions  of  law  authorizing  the 
common  council  of  said  city  to  order  the  said  repairs 
to  be  made  and  such  sidewalks  and  gutters  to  be 
placed  in  good  order  and  condition  and  the  expense 
thereof  to  be  assesssd  and  collected  according  to  law. 
It  shall  be  the  duty  of  said  superintendent  and  cap- 
tain to  see  that  the  notice  aforesaid  is  given  in  case  of 
any  violation  of  this  section. 

§  5.  No  person  shall  throw,  put,  place  or  deposit  or  Dirt,  etc., 
suffer  or  permit  his  servant,  child  or  family  to  throw,  SS-otn^etc. 
put,  place  or  deposit  any  dirt,  dung,  dead  animal,  onstreets' 
carrion,  putrid  meat  or  fish,  entrails  or  offals  of  fish 


312 


Laws  of  the  City  of  Cohoes. 


or  animals,  shells  of  oysters  or  clams,  vegetables  or 
nuisance  of  any  kind,  in  or  upon  any  street  or  alley  in 
said  city;  nor  shall  any  ashes  be  sifted,  thrown  or 
deposited  in  any  street  or  alley  in  said  city  except  as 
Nuisances  provided  in  section  nine  of  this  chapter ;  nor  shall  any 
aSowedin  person,  after  being  notified  thereof,  by  printed  or 
joinfngiot,  written  notice,  by  the  superintendent  of  streets  and 

after  notice  «  1       "  x 

to  owner,  pU  blic  grounds  or  by  the  captain  of  the  police  torce, 
suffer  or  permit  any  nuisance  of  any  kind  to  be  or 
remain  in  or  upon  that  part  of  the  street  or  alley 
adjoining  the  lot  or  part  of  a  lot  by  such  person 
owned  or  occupied,  in  part  or  in  whole,  and  to  the 
center  of  the  street  or  alley  adjoining  the  same ;  and 
every  person  who  shall  violate  either  of  the  prohibi- 
tions contained  in  this  section,  shall  be  subject  to  the 
punishment  provided  by  chapter  twenty  hereof,  both 
for  such  violation  and  for  every  twenty -four  hours  or 
part  thereof,  during  which  said  nuisance  shall  be 
allowed  to  remain,  after  notice  as  aforesaid. 

obstmc-        S  6.  No  person  shall  put  or  place,  or  suffer  to  be 

tions  not  to         °  -»-  A 

sterertscSoh  Put  or  placed  upon  the  streets  or  sidewalks  of  any  of 
sidewalks.    tlle  streets  in  said  city?  opposite  to  the  lot  or  tenement 
by  him  owned  or  occupied,  in  part  or  in  whole,  or 
npon  any  of  the  streets  or  sidewalks  in  said  city,  any 
manner  of  obstruction  whatsoever,  whereby  the  free 
use  of  such  street,  or  sidewalk,  shall  be  in  any  manner 
tTbeds£wed  impeded  or  interrupted ;  and  no  person  shall  saw,  cut 
sidewalks,   or  split  any  fire  wood  or  other  wood  of  any  descrip- 
Nottoap-   tion  upon  the  sidewalk  of  any  of  said  streets.  Pro- 
sonst0repIir-  yided,  however,  that  none  of  the  provisions  of  this 

ing  or  '  ' 

undern|er-  section  shall  be  deemed  to  extend  or  to  affect  any 
mission.  perSon  who  is  building  or  repairing  any  dwelling 
house,  store  or  tenement  and  who  shall  have  obtained 
a  permit  or  license  from  the  proper  officer  of  the 
common  council  for  that  purpose.  Any  person 
violating  the  provisions  of  this  section,  shall  be 
subject  to  a  penalty  of  not  exceeding  ten  dollars  for 
each  and  every  offense. 


City  Ordinances. 


313 


§  7.  The  owner  or  occupant  of  any  lot,  building  or  Goods, 
tenement,  fronting  on,  or  adjoining  any  street  in  said  be0' 
city  shall  not  hang  or  set  any  goods,  wares  or  mer-  j^H^ 
chandise,  or  any  article  whatsoever,  for  sale  or  show,  in  S  wtdth 
front  of  the  house,  store  lot  or  tenement  by  him,  her 
or  them  owned  or  occupied,  in  part  or  in  whole, 
extending  any  greater  distance  than  one-sixth  the 
width  of  the  sidewalk,  from  and  next  to  the  house, 
store,  lot  or  tenement  owned  by  him  as  aforesaid. 
For  each  twenty-four  hours  any  violation  of  this 
ordinance  shall  continue,  the  offender  shall  be  liable 
to  a  penalty  not  to  exceed  five  dollars  for  each  olfense. 

§  8.  No  person  shall  construct  or  maintain  over  construc- 
any  avenue,  street  or  alley,  the  frame  of  any  awning  at 
a  less  elevation  than  eight  feet  from  the  sidewalk  nor 

.  .     .  -,  ,  "  '  regulated. 

permit  the  clotli  or  canvass  thereof  to  hang  loosely 
down  over  such  sidewalk  less  than  seven  feet  there- 
from.   The  posts,  if  any,  supporting  such  awning 
shall  be  placed  only  next  to  and  inside  of  the  curb- 
stone, and  shall  be  of  iron  or  such  other  material  only 
as  may  be  allowed  by  the  common  council  ;  and  no 
person  shall  place  or  maintain  any  sign  at  a  less 
elevation   than   eight  feet  from  the  sidewalk,  nor 
extending  over  such  sidewalk  more  than  forty-eight 
inches  from  the  building  fronting  thereon.  Any 
person  violating  the  provisions  of  this  section  shall  be 
subject  to  a  penalty  of  not  exceeding  ten  dollars. 
.  §  9.  Every  owner,  proprietor,  lessee,  occupant  or  snowand 
person  having  the  charge,  or  entitled  to  the  possession, 
of  any  house  or  other  building,  lot  or  premises,  front-  SSlSer. 
ing  or  bordering  on  any  street  or  highway  in  this  city, 
shall,  on  or  before  ten  o'clock  on  every  morning, 
whenever  snow  or  ice,  or  either,  shall  be  accumulated 
thereon,  remove  such  snow  or  ice,  from  the  sidewalk 
and  gutter  in  front  of  such  building  or  premises  and 
shall  keep  the  same  free  therefrom  during  the  day, 
or,  in  case  the  snow  and  ice,  or  either,  shall  be  so 


314 


Ashes  and 
sand  maybe 
strewn, 
when. 


Street 
lounging 
prohibited. 


Laws  of  the  City  of  Cohoes. 

congealed,  that  they,  or  it,  cannot  be  removed  without 
great  difficulty  or  injury  to  the  pavement,  such  owner 
or  person  shall  cause  such  snow  and  ice  to  be  strewn 
with  ashes  or  sand  and  kept  so  strewn  until  the  same 
may  be  removed.  Every  person  neglecting  or  refusing 
to  comply  with  this  ordinance  shall  be  subject  to 
a  penalty  of  not  less  than  two  nor  more  than  ten 
dollars  for  every  instance  of  neglect  or  refusal. 

§  10.  No  person  or  persons  shall  idly  sit,  stand  or 
lounge  upon  the  corner  of  any  street  or  alley  in  said 
city,  or  upon  any  street  or  alley,  or  upon  any-entrance, 
hallway  or  stairway  of  any  building  in  said  city, 
without  the  express  permission  of  the  occupant  of 
such  building.  Any  person  offending  against  any  of 
the  above  provisions  of  this  section  shall  be  subject  to 
a  penalty  not  exceeding  five  dollars  for  each  offense. 

§  11.  Excepting  by  permission  of  the  mayor  or  any 
alderman  designated  to  act  in  his  place,  no  person 
shall  cause,  suffer  or  permit  any  wagon,  cart,  carriage, 
sleigh  or  other  vehicle  to  be  cleaned  or  washed  in  or 
upon  any  public  highway,  street,  alley  or  public  place 
in  said  city;  nor  shall  any  person  cause,  suffer  or 
permit  any  vehicle  to  stop,  stand  or  remain  in  or  upon 
any  such  highway,  street,  alley  or  place,  except  in  a 
place  designated  as  a  public  market  place,  for  a  longer 
time  than  one  hour  after  notice  from  any  police  officer 
to  remove  the  same ;  nor  shall  any  person  drive,  back 
or  load  any  horse  or  any  vehicle,  on  the  footpath  or 
sidewalk  of  any  such  highway,  street  or  alley  except 
in  crossing  the  same  to  enter  or  come  from  any 
adjoining  lot  or  yard.  Any  person  violating'  the  pro- 
visions of  this  section  shall  be  subject  to  a  penalty  of 
not  less  than  two  nor  more  than  ten  dollars  for  each 
offense. 

blSidSf  sf  §  1^-  N°  person  shall  remove  or  cause,  suffer  or 
^blfu-ts  permit  to  be  removed,  or  aid  or  assist  in  removing  any 

lated. 


Wagons, 
etc.,  not  to 
be  cleaned 
in  any 
street. 


No  vehicle 
to  remain 
in  street, 
etc.,  more 
than  one 
hour. 


Nor  to  be 
driven  over 
footpath, 
etc. 


City  Ordinances. 


315 


building  into,  upon,  along  or  across  any  highway, 
street,  alley  or  public  place  in  this  city,  without  the  per- 
mission of  the  common  council,  first  had  and  obtained, 
and  under  such  restrictions  as  it  may  prescribe.  Any 
person  violating  the  provisions  of  this  section  shall  be 
subject  to  the  penalty  prescribed  by  chapter  twenty, 
of  these  ordinances. 

§  13.  No  person  shall,  without  permission  from  the  5if552tsup 
mayor  or  common  council,  dig,  excavate  or  take  up,  iea\ce,dregul 
any  portion  of  any  highway,  street,  alley,  sidewalk  or 
public  place,  or  the  paving  or  flagging  thereof,  and 
any  person  so  doing,  by  permission  or  otherwise,  shall 
immediately  or  upon  the  expiration  of  the  time  limited 
in  such  permission,  restore  the  same  to  its  original 
condition;  and  the  same  when  so  restored  shall  be 
kept  in  good  and  safe  condition  for  at  least  one  year 
thereafter.    It  shall  be  the  duty  of  the  superintendent  Duty  of 
of  streets  and  public  grounds,  and  also  of  the  members  tendent  of 
of  the  police  force  of  said  city,  to  notifv  anv  such  ofrpoifcento 

.  notify  of 

person  ot  any  violation  of  this  ordinance,  and,  upon  violation 

and  after  such  notice,  every  person  who  shall,  for 

twenty-four  hours,  or  part  thereof,  neglect  or  refuse 

to  comply  therewith,  shall  be  subject  to  the  penalty 

prescribed  by  chapter  twenty  of  these  ordinances; 

and  the  said  superintendent  of  streets  and  public  work  to  be 

n  done  by 

grounds,  after  the  expiration  of  five  days  from  said  H£™'of 
notice,  shall  cause  said  street,  alley,  sidewalk  or  J5§£  0f ter 
public  place  to  be  restored  to  its  original  and  proper  fivedays- 
condition  and  the  expense  thereof  shall  be  a  charge 
against,and  be  collected  by  said  common  council  from, 
the  person  offending,  as  aforesaid. 

Note:— In  regard  to  removing  the  pavement  from  streets  paved  or  repaved  by  the 
public  improvement  commission,  see  §  12  of  the  public  improvement  act  (Chapter  227 
Laws  of  1898). 

§  14.  No  locomotive,  freight,  baggage,  passenger  or  Locomo- 
other  railroad  car,  shall  be  placed  or  remain  standing  Pr?  *?and- 

^  o  mg  on  street 

on  any  street  crossing  in  this  city,  so  as  to  encumber  ^SSfd 


316 


Laws  of  the  City  of  Cohoes. 


the  same  for  any  length  of  time  exceeding  fifteen 
minutes.    No  engineer,  fireman,  conductor  or  other 
person  having  charge  thereof  shall  run  or  impel  or 
permit  to  be  run  or  impeled,  any  locomotive,  car,  or 
train  of  cars,  automobile,  locomobile  or  other  vehicle 
same,  not   through,  upon  or  across  any  of  the  streets  or  alleys  of 
speeedCof    this  city  at  a  greater  rate  of  speed  than  eight  miles  an 
p?rhhourles  hour.    Any  violation  of  either  of  the  provisions  of 
stcre°ests,  etc.  this  section  shall  subject  the  offending  party  to  the 
penalty  prescribed  by  chapter  twenty  hereof. 

Areas,  etc.,  §  15.  All  areas  or  covered  ways  shall  be  properly 
guarded  guarded  and  secured,  and  shall  not  obstruct  any  side- 
walk of  any  public  street  or  alley  in  this  city.  No 
gate,  stoop,  steps,  porch,  cellar-way,  area,  bay- 
window  or  other  addition  or  appendage  to  any  build- 
ing, nor  any  structure  shall  be  permitted  to  swing  or 


obstruct 
sidewalk. 

Gates,  etc., 
not  to  ex- 
tend over 
sidewalk 
more  than 

wMth  there-  extend  over  or  across  any  portion  of  any  such  side- 
walk except  that  areas  and  steps  may  extend  over  or 
across  not  more  than  one-fifth  (1-5)  of  the  width 
thereof,  and  that  bay-windows  or  other  like  additions 
or  exterior  appendages  above  the  first  story  of  any 
building  may  extend  over  such  sidewalk  not  exceed- 
Removai  of  ing  three  (3)  feet.  The  owner  of  any  lot  or  premises 
eff™5ed°in  with  which  there  is  or  shall  be  connected  any  area, 
gate,  steps,  stoop,  porch,  bay-window  or  other  addi- 


case  ot 
violation  of 
this  section 

viceroSfecoPy  tion>  erection  or  structure  extending  or  swinging  over 
ot  section.  any  guch  s^ewalk  farther  than,  or  contrary  to  the 
manner  permitted  by  this  section,  shall  remove  the 
same,  or  so  much  thereof  as  shall  extend  into  any 
street  or  alley  further  than  aforesaid,  within  ten  days 
after  the  due  service  upon  him  of  a  copy  of  this 
section;  and  in  case  of  neglect  or  refusal  by  such 
owner  to  remove  such  gate,  stoop,  steps,  porch,  cellar- 
way,  area  or  bay-window  or  other  structure  or  so  much 
of  the  same  as  shall  extend  into  any  such  street,  alley, 
or  sidewalk  further  than  aforesaid,  within  the  said  ten 
days  after  the  service  of  this  section  as  aforesaid,  such 


City  Ordinances. 


317 


owner  shall  be  subject  to  the  penalty  prescribed  by 
chapter  twenty,  of  these  ordinances  for  every  twenty- 
four  hours  or  part  thereof  such  gate,  stoop,  steps, 
porch,  area,  cellar- way,  bay-window  or  other  structure 
shall  be  suffered  to  remain  after  notice  as  aforesaid; 
and  the  common  council,  at  any  time  after  the  expi- 
ration of  said  ten  days,  may  cause  such  removal  to  be 
made  and  the  expense  thereof  shall  be  a  charge  against, 
and  be  collected  by  said  common  council,  from  the 
person  offending,  as  aforesaid. 

§  16.  No  person  shall,  except  as  herein  otherwise  Buildings 

•-it  j-i'-it  -i  i  and  other 

provided,  erect,  build  or  place,  or  cause  to  be  erected,  structures 

±  9  9  '  not  to  be 

built  or  placed,  or  being  responsible  therefor  or  the  ei'.e«ed,. 

x  7  o  ±  within  line 

cause  thereof,  allow  to  remain  within  the  line  of  any  °tfchighway, 
highway,  street  or  alley,  any  building,  fences  or  other 
erection  or  structure,  nor  shall  the  said  highway, 
street  or  alley  be  obstructed  in  any  manner  or 
encroached  upon  by  any  such  building,  fences, 
erection  or  structures.  Any  person  violating  the 
provisions  of  this  section  shall  be  subject  to  the 
penalty  prescribed  by  chapter  twenty  hereof. 

§  17.  Any  person  who  shall  ride  or  drive  any  horse  R^ng  and 
or  mule  through  any  of  the  streets,  alleys  or  high-  ^eratdy 
ways  of  this  city  at  an  improper  or  immoderate  rate, 
or  who  shall  race  therein,  during  any  week  day,  shall 
be  subject  to  a  penalty  of  five  dollars  for  each  offense 
against  the  provisions  of  this  section;  and  for  such 
offense  during  Sunday,  shall  be  subject  to  a  penalty  of 
ten  dollars. 

Note  :— Running  horses  on  a  highway  is  a  misdemeanor.   See  §  666,  Penal  Code. 

§  18.  All   crosswalks   within  this   citv  shall   be  crosswalks 

^  to  be  kept 

reserved  and  kept  free  from  any  sleighs,  wagons,  clear- 
carts  or  carriages  being  placed  thereon,  except  so  far 
as  may  be  necessary  in  passing  and  re-passing  the 
same,  without  continuing  thereon  any  longer ;  and  the 
owner  or  driver  of  any  sleigh,  wagon,  cart  or  other 


318 


Laws  of  the  City  of  Cohoes. 


carriage,  for  every  violation  of  this  section, 
forfeit  two  dollars. 


shall 


Sidewalks, 
construc- 
tion and  ma- 
terial of. 


Curbs,  do. 


§  19.  All  sidewalks  shall  be  constructed  of  stone, 
asphalt  or  Portland  cement  and  shall  not  be  less  in 
width  than  one- sixth  of  the  width  of  the  street.  All 
curbing  shall  be  of  stone  not  less  than  twenty  inches 
wide  nor  less  than  four  inches  thick.  All  gutters 
shall  be  of  stone,  laid  lengthwise  as  to  form  a  flat 
surface  next  to  the  curbstone,  and  shall  not  be  less 
than  eight  inches  deep. 

§  20.  Any  person  who  shall  drive,  knock,  toss  or 
play  ball,  pitch  pennies,  or  pitch  quoits  or  fly  any 
kites  in  any  street,  alley  or  highway  of  this  city,  shall 
be  subject  to  a  penalty  of  not  exceeding  five  dollars 
for  each  and  every  offense. 

§  21.  Any  person  who  shall  ride  or  drive  any  horse 
or  mule  faster  than  a  walk  over  any  bridge  within  the 
limits  of  this  city,  shall  be  subject  to  a  penalty  of  two 
dollars  for  each  offense. 

§  22.  The  owner  or  occupant  of  any  lot  or  lots  in 
this  city  shall  remove  all  dirt,  rubbish  or  other  refuse 
materials  that  may  be  upon  the  street  or  sidewalk  in 
front  of  such  lot  or  lots,  and  also  in  any  alley  in  the 
rear  thereof.  Any  person  who  shall  violate  the  pro- 
visions of  this  section  shall  be  liable  to  a  penalty  of 
five  dollars  for  each  and  every  day  such  refuse 
material  shall  be  allowed  to  remain  after  one  day's 
notice  from  the  common  council,  or  superintendent  of 
streets  and  public  grounds. 

Gas  and        §  23.  The  owner  or  occupant  of  any  lot  in  this  city 

water  boxes        v  • 

£ebdeto°Ivei  shaU>  within  two  days  after  being  notified  by  the 
aftSnoS?  superintendent  of  streets  and  public  grounds,  lower  to 
and  with  the  level  of  the  sidewalk  any  gas  boxes  or 
water  boxes  in  front  of  his  premises  which,  at  the 
time  of  such  notice,  are  not  on  a  level  with  the  side- 
walk.   Any  person  who  shall  violate  any  of  the  pro- 


Ball  play- 
ing,";etc.,|in 
streets,  pro- 
hibited. 


Penalty. 


Driving- 
over 
bridges 
regulated. 


Dirt,  etc., 
in  front  of 
lots  to  be 


City  Ordinances. 


319 


visions  of  this  section  shall  be  liable  to  a  penalty  of 
five  dollars  per  day  for  each  and  every  day  such  gas 
boxes  or  water  boxes  shall  be  allowed  to -remain  above 
the  level  of  the  sidewalk  after  notice. 

§  24.  Whenever  anv  person  shall  hereafter  place  gas  Location  of 
boxes  or  water  boxes  m  any  of  the  sidewalks  of  this  water 

^  boxes. 

city,  the  same  shall  be  placed  not  more  than  four 
inches  from  the  curbstone.  Any  person  who  shall 
violate  the  provisions  of  this  section  shall  be  liable  to 
a  penalty  of  five  dollars. 

§  25.  All  buildings  in  this  city  shall  be  numbered 

Buildings 

-.  t  — i    •  -i    •  to  be  num- 

and  kept  numbered  m  plain  figures,  so  placed  that  bered- 
the  numbers  can  be  seen  and  read  in  day  time  from 
the  fronting  sidewalk.  Such  numbers  shall  conform 
to  the  numbers  represented  on  the  general  map  of  the 
city,  made,  or  to  be  made,  under  the  direction  of  the 
common  council.  Any  owner  of  any  building  in  this 
city,  who  shall  offend  against  this  section,  shall  incur 
a  penalty  of  two  dollars  for  each  offense. 

§  26.  It  shall  not  be  lawful  for  any  person  to  strewing  of 
deposit,  cast,  strew,  throw  or  hand  to  or  distribute 

matter  on 
streets,  etc. 

among  passers-by,  or  other  persons,  upon  any  of  the  Prohibited- 
streets,  alleys  or  public  ways  or  places  of  the  city  of 
Cohoes,  any  circulars,  dodgers,  hand-bills,  printed  or 
pictured  papers,  advertising  media  or  devices,  or  any 
like  substance  or  material,  whereby  the  said  streets, 
alleys,  ways,  places  or  the  premises  neighboring 
thereto  are,  or  may  be  or  become  littered  or  strewn  or 
rendered  unsightly,  unclean,  foul  and  offensive.  Any 
person  violating  the  provisions  of  this  section  shall  be 
subject  to  a  penalty  of  not  exceeding  ten  dollars  for 
each  and  every  offense. 

§  27.  No  person  shall  carry,  haul  or  transport  over  Dirt)  asheS( 
the  streets,  alleys  or  public  places  of  the  city  of  2&<££J 
Cohoes,  by  means  of  carts,  wagons  or  other  vehicles  secured  as 
having  bodies  or  boxes  loosely  jointed  or  so  con-  "ame° htter 


320 


Laws  of  the  City  of  Coiioes. 


structed  or  used  as  not  to  securely  contain  any  dirt, 
ashes,  manure,  refuse  or  other  substance  which,  from 
the  nature  thereof,  is  capable,  when  transported  in  any 
such  cart  or  vehicle,  of  sifting  through  and  escaping 
therefrom  to  or  upon  the  said  streets,  alleys  and 
places ;  but  all  carts,  wagons  and  vehicles  shall,  when 
used  for  transporting  ashes,  dirt  and  substances 
aforesaid  over  the  public  ways  and  places  of  said  city, 
be  provided  with  bodies  or  boxes  sufficiently  tight 
and  having  the  sides  of  such  bodies  or  boxes  suffi- 
ciently high  to  prevent  such  substances  from  escaping 
therefrom  to,  and  littering,  said  ways  and  places. 
Any  person  violating  the  provisions  of  this  section 
shall  be  subject  to  a  penalty  of  not  exceeding  ten 
dollars  for  each  offense. 

Manure         8  28.  No  person  shall  carry,  haul  or  transport,  any 

carried  over  i  T  1 

streets  to     manure  on  or  over  the  streets,  alleys  or  public  places 

be  secured 

injmsamer"  of  said  cit^'  unless  tne  sideboards  of  the  cart,  wagon 
or  vehicle  in  which  the  same  is  contained  shall  be  at 
least  equally  high  with  the  manure  therein,  and  of 
sufficient  height  to  prevent  the  falling  or  escaping  of 
the  same  over  the  sideboards  to,  and  upon,  and  litter- 
ing the  said  streets,  alleys  or  places.  Any  person 
violating  the  provisions  of  this  section  shall  be  subject 
to  a  penalty  of  not  exceeding  ten  dollars  for  each 
offense. 

Dirt,  etc..  §  29.  Whenever  any  dirt,  ashes  or  manure  or  other 
fStt^  substance  aforesaid  being  transported  over  the  public 
foerthewkhed  ways  or  places,  shall  by  unavoidable  accident,  be 
dropped  or  deposited  upon  any  such  way  or  place,  the 
person  transporting  the  same  shall  forthwith  remove 
all  such  dirt  or  other  substance  and  shall  not  permit 
such  way  or  place  to  remain  littered  or  encumbered 
thereby.  Any  person  violating  the  provisions  of  this 
section  shall  be  subject  to  a  penalty  of  not  exceeding 
ten  dollars  for  each  offense. 


City  Ordinances. 


321 


§  30.  Every  cart,  wagon  or  vehicle  used  for  carry-  on 
ing  or  conveying  through,  or  over,  the  paved  streets  or  o^lTI 
alleys  of  this  city,  any  oil  or  similar  substance,  shall,  Srbed  from 
unless  the  same  be  contained  in  barrels  or  receptacles  SST* 
from  which  there  can  be  no  escape,  be  provided  with 
drip  pans  or  other  contrivance  to  prevent  the  leakage 
and  escape  of  such  substance  upon  the  surface  of  said 
street  or  alley ;  and  no  person  shall  carry,  convey  or 
transport  any  such  substance  through  or  over  any 
such  street  or  alley,  except  as  herein  provided,  without 
having  his  cart,  wagon  or  vehicle  equipped  as  afore- 
said, under  the  penalty  of  not  less  than  two  nor 
exceeding  ten  dollars  for  each  offense. 


CHAPTER  II. 

AN    ORDINANCE    RELATIVE    TO    THE    HAWKING  AND 
SALE    OF    GOODS,   WARES    AND    MERCHANDISE  IN 
THE  STREETS,   OR  FROM  DWELLING  TO 
DWELLING. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1.  No  person  shall  hawk  or  peddle  in  any  Hawking 
of  the  public  streets,  ways  or  places  of  the  city  of  SS^lS- 
Cohoes,  nor  offer  or  expose  for  sale  in  any  of  such  5E2.t 
streets,  ways  or  places  or  from  dwelling  to  dwelling  in  tepro' 
said  city,  any  goods,  wares,  merchandise,  meat*  or 
vegetables  without  first  having  obtained  a  license 
therefor. 

Note  :-  As  to  unlicensed  peddlers,  see  §  384e,  Penal  Code. 

As  to  further  provisions  of  law  relative  to  peddlers,  see  Article  IV  of  the  domestic 
commerce  law  (Chapter  376,  Laws  of  1896).  domestic 

§  2.  This  ordinance  shall  apply  to  every  person  Appi, 
taking  orders  from  dwelling  to  dwelling  for  goods,  ?an°2 
wares  or  merchandise  to  be  thereafter  delivered,  and 
to  every  person  delivering  such  goods,  wares  or 'mer- 
chandise in  pursuance  of  such  order,  unless  such 


.  .  Iication 
of  ordi- 


322 


Laws  of  the  City  of  Cohoes. 

person  be  a  proprietor  of,  or  his  employee  in,  a  store 
wherein  is  regularly  conducted  the  business  of  selling 
groceries,  meats,  teas,    coffees,   bread,    cake,  pies, 
grain,  coal,  crockery  or  glassware;   but  shall  not 
prohibit  such  proprietor  or  employee  from  taking 
orders  for,  and  delivering  from  dwelling  to  dwelling, 
the  goods,  wares  and  merchandise  usually  contained 
in  such  store ;  but  this  ordinance  shall  not  apply  to 
any  person  selling  or  delivering  milk  in  said  city,  nor 
to  any  person  selling  or  delivering  in  said  city,,  vege- 
tables or  farm  produce,  raised  by  such  person  upon 
land  owned  or  leased  by  him. 

License,  to      g  3   The  mayor  of  said  city  shall  issue  to  every 
po°nmXdt  person  0f  proper  character  applying  for  and  requiring 
sued s  ls_    a  license  according  to  the  provisions  of  this  ordinance, 
for  selling  or  disposing  of  the  articles  hereinafter 
mentioned,  in  any  manner  specified  in  the  first  section 
of  this  ordinance,  a  license  or  permit  upon  payment 
by  such  person  for  the  use  of  the  city  for  contingent 
expenses,   the  following  sums  for  the  respective 
periods  herein    prescribed,    viz.:    Kindling  wood, 
fruits  and  vegetables  for  a  period  not  exceeding  one 
year,  nothing;  stationery,  one  year,  $15  ;  six  months, 
$8-   three  months,  $5;  meats  and  fish,  one  year, 
$25;  six  months,  $15;  three  months,  $9.    All  other 
articles,  one  year,  $30 ;  six  months,  $18 ;  three  months, 
$10. 

wa^onor  r  4  Every  person  so  licensed  who  shall  employ  a 
SSSSJSi.  wagon  sled  or  other  vehicle  or  contrivance  for  carry- 
ing or  exposing  his  goods,  wares  or  merchandise, 
shall  have  his  name,  together  with  the  words 
"licensed  vendor"  and  the  number  of  his  license 
legibly  and  distinctly  marked  upon  such  vehicle  or 


-fa- 
contrivance. 


§  5.  Every  person  violating  the  provisions  of  the 
SS^'  first,  second  or  fourth  sections  of  this  chapter  shall  be 


City  Ordinances. 


323 


liable  to  a  penalty  of  not  exceeding  twenty-live  dol 
lars  for  eacli  and  everv  offense. 


CHAPTER  III. 

AN  ORDINANCE  TO  REGULATE  THE  USE  OE  BICYCLES, 
TRICYCLES    AND    SIMILAR   VEHICLES   IN  THE 
|  CITY  OE  COIIOES. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1.  No  person,  except  children  under  ten  Bicycles, 

*-  etc.,  not  to 

years  of  age,  shall  ride  any  bicycle,  tricycle  or  simi-  ^I^foot 
lar  vehicle  over  any  footpath  in  any  park  or  upon  any  ^t£wl\k. 
sidewalk  within  the  limits  of  this  city,  except  when  Exception, 
said  sidewalk  shall  have  been  or  shall  be  hereafter 
constructed  solely  at  the  expense  of  wheelmen  or 
cyclists  by  and  with  the  consent  of  the  officers  having 
jurisdiction  therein,  and,  as  to  such  sidewalks,  this 
section  shall  not  apply,  unless  the  road  or  street  in 
front  of  said  last  mentioned  sidewalk  is  paved  with 
some  smooth  and  permanent  pavement  like  asphalt  or 
brick,  and  maintained  in  a  condition  suitable  for  the 
use  of  cycles. 

§  2.  No  person  shall  ride  any  bicycle,  tricycle  or  Nor  be  nd- 
similar  vehicle  in  any  street,  lane  or  alley  within  the  moderate 

.  speed. 

limits  of  this  city  at  an  improper  or  immoderate  rate 
of  speed. 

§  3  Every^  person  riding  any  bicycle,  tricycle  or  Beiior 
similar  vehicle  shall  give  an  alarm  by  bell,  whistle  or  to  be  given, 
otherwise,  which  may  be  heard  one  hundred  feet  dis- 
tant, when  about  to  meet  or  pass  pedestrians  and 
when  about  to  meet  or  pass  other  vehicles,  but 
no  such  bell  or  whistle  shall  be  used  unnecessarily 
so  as  to  create  a  nuisance. 

§  4.  All  bicycles,  tricycles   and  similar  vehicles  Light  to  be 

^  7  ^  attached. 

when  ridden  on  any  public  highway,  street,  avenue, 


324  Laws  of  the  City  of  Cohoes. 

walk  or  public  place,  shall  have  attached  thereto,  or 
carried  therewith,  a  light  of  such  illuminating  power 
as  to  be  plainly  seen  two  hundred  feet  ahead  and 
kept  lighted  between  one  hour  after  sunset  and  one 
hour  before  sunrise ;  but  this  section  shall  not  apply 
to  any  rider  whose  light  has  become  extinguished  or 
who  is  necessarily  absent  from  his  or  her  home  with- 
out a  light  when  going  at  a  pace  not  exceeding  six 
miles  an  hour,  when  an  audible  signal  is  given  as  pro- 
vided by  section  three  of  this  ordinance  as  often  as 
thirty  feet  are  passed  over. 

mad  to  be  §  ^'  -^very  Person  when  riding  any  bicycle,  tricycle 
observed.  or  simiiar  vehicle  in  any  street,  lane  or  alley  within 
the  limits  of  this  city,  shall  observe  such  rules  of  the 
road  as  are  established  by  the  highway  law. 
Penaity^for  g  Every  person  violating  this  ordinance  or  any 
section  or  provision  of  this  ordinance  shall  be 
punished  by  a  fine  not  exceeding  the  sum  of  five 
dollars  for  each  offense,  and  in  case  of  the  non-payment 
of  such  fine  by  imprisonment  in  the  county  jail  not 
exceeding  one  day  for  each  dollar  of  such  fine,  in  the 
discretion  of  the  court  or  magistrate. 

Note  :— For  prohibition  against  throwing  substances  on  highway  to  injure  cycle 
tire?,  see  §  G54a,  Penal  Code. 


CHAPTER  IV. 

AN    ORDINANCE   TO    PROVIDE  FOR  PROTECTION  FROM 
FIRE  AND  EXPLOSIONS;   AND  TO  FACILITATE  THE 
WORK  OF  THE  FIRE  DEPARTMENT. 

The  Common  Council  of  the  city  of  Cohoes  do 

ordain  as  follows : 

Fires  in         Section  1 .  No  person  shall  make  or  keep  a  fire  in 

out  build  any  yard,  woodhouse  or  any  other  outhouse  or  build- 
ings regu-  m  1  « 

lated.  mg  in  this  city,  unless  m  some  proper  receptacle  tor 
fire,  communicating  with  a  chimney,  under  the 
penalty  of  not  exceeding  ten  dollars  for  every  offense. 


City  Ordinances. 


325 


8  2   No  person  shall  kindle  any  fire  or  furnish,  re**,  when 

,  .  not  to  be 

materials  therefor,  nor  in  any  way  authorize  or  allow  ^dled< 
to  be  made,  or  in  any  manner  aid  or  assist  in  making, 
any  fire  in  any  street,  square,  lane,  alley  or  public 
grounds  in  this  city,  or  upon  any  vacant  lot  or  ground 
in  this  city,  within  fifty  yards  of  any  building,  under 
the  penalty  of  not  exceeding  ten  dollars  for  every 
offense. 

§  3.  No  person  shall  fire  or  set  off  any  pistol,  gun,  Pistols, 
cannon,  air  gun,  flobert  rifle,  fire  crackers,  rockets  or  2ot^b.e, . 

707  7  ■    '  fired  within 

squibs,  or  any  other  fireworks  charged  with  gun  Clt-V  limits- 
powder,  or  other  highly  inflamable  or  explosive 
materials,  or  throw  or  play  with  fire-balls,  within  the 
limits  of  this  city;  and  any  person  violating  this 
ordinance  by  firing  any  cannon,  shall  incur  a  penalty 
of  not  less  than  five  dollars,  nor  more  than  twenty- 
five  dollars;  and  for  firing  any  gun,  pistol  or  other 
fireworks,  as  aforesaid,  except  cannon,  the  sum  of 
two  dollars.  'This  section  shall  not  be  operative  or  in  Exception, 
force  upon  the  day  set  apart  for  the  celebration  of  the 
anniversary  of  the  Declaration  of  the  Independence  of 
the  United  States. 

§  4.  No  person  shall  be  allowed  to  burn  out  any  Chimneys, 

i  •  •  i  . '      .  t        n        t  burning 

chimney  withm  the  lire  limits,  except  on  rainy  days,  reg- 
and  then  only  by  permission  of  the  chief  engineer  or 
one  of  the  assistant  engineers  of  the  fire  department, 
under  penalty  of  five  dollars  for  each  offense. 

§  5.  No  roof  shall  be  constructed  or  built  within  Roofs- con- 

.      .  struction  of, 

the  fire  limits  of  the  city,  except  the  same  be  com-  regulated. 
posed  of  slate,  gravel  or  metal,  under  a  penalty  of  not 
exceeding  twenty-five  dollars  for  each  offense,  and  ten 
dollars  a  day  for  each  day  such  roof  may  continue. 

§  6.  No  person  unless  a  fireman,  policeman  Or  Premises  of 
public  officer,  shall  enter  or  assemble  with  any  other  ladder  com- 

^  panies  not 

person  or  persons  in  or  upon  any  building,  house,  [°redScePt 
rooms,  grounds  or  premises  belonging  to  the  city,  and  by  officials 


326 


Laws  of  the  City  of  Cohoes. 


of  way. 


occupied  by  any  hook  and  ladder,  hose  or  engine 
company  thereof,  at  any  time  without  the  permission 
of  the  foreman  of  such  company. 
Locomo-        §  7.  No  person  shall  drive  any  locomotive,  car, 

etc.,  not  to 

carriage,  cart  or  any  other  vehicle  over  any  hose 

be  driven  °  m  .  _. 

over  hose,  stretched  or  laid,  or  being  stretched  or  laid,  at  any 
fire  or  alarm  of  fire  in  this  city,  under  a  penalty  of  not 
exceeding  ten  dollars  for,  each  offense. 
Apparatus  §  8.  The  apparatus  of  the  fire  department  shall 
gartmentto  haVe  the  right  of  way  in  and  upon  the  streets,  lanes, 
alleys,  squares  and  railroad  crossings  in  going  to  any 
fire  or  being  upon  such  streets,  lanes,  alleys,  squares 
or  crossings  in  pursuance  of  an  alarm  of  fire.  No 
person  shall  obstruct,  or  neglect  or  refuse  to  make 
way  for  any  of  such  apparatus  being  thus  in  or  upon 
any  of  the  said  streets,  lanes,  alleys,  squares  or  cross- 
ings under  a  penalty  of  twenty-five  dollars  for  every 
offense. 

only  fire-       $  9.  No  person  other  than  a  fireman,  or  person 

m*»n   ptr ..  to  O  -L 

over  sixteen  years  of  age,  shall  drag  or  run  with  or 
assist  in  dragging  any  fire  engine,  hook  and  ladder 
truck  or  hose  cart. 
Badges,  etc.     g  10-  It  is  hereby  made  unlawful  for  any  person  to 

of  depart-  <-  "  _ 

wear  the  badge,  button,  or  insignia  of  the  fire  depart- 


men,  etc.,  to 
run  with 
apparatus 


ment  not  to 
be  worn 


be  worn  ~    '  1  ° 

miSi0ontper'  ment,  as  designated,  and  adopted  by  the  board  of 
fire  commissioners,  except  by  permission  of  said 
board  of  commissioners.  Any  person  violating  the 
previsions  of  this  section  shall  be  liable  to  a  penalty 
of  not  less  than  two  dollars,  nor  more  than  ten  dollars. 

False  §  ii.  Any  person  who  shall  make,  aid,  countenance 

n™d°    or  assist  in  making  any  false  alarm  of  fire,  or  who 

improper  o  «> 

nauaii?"  snail  operate  or  use  any  call  of  the  police  signal 
prohibited.  apparatus  without  occasion  therefor,  shall  forfeit  for 
every  offense,  a  sum  not  less  than  five  nor  more  than 
twenty-five  dollars,  in  addition  to  any  other  penalty 
imposed  by  law. 


City  Ordinances. 


327 


osit  of 


CHAPTER  V, 

AN  ORDINANCE  TO  PREVENT  THE  COMMISSION  AND  THE 
CONTINUANCE    OF    PUBLIC   NUISANCES,  AND 
PEOMOTE  THE  PUBLIC  HEALTH. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1.  Any  person  who  shall  bring,  deposit  or  Dep 
leave  anywhere  within  the  limits  of  this  city,  any  some  sub- 
dead  carcass  or  other  unwholesome  substance,  or  who  prohibited, 
shall  assist  in  so  doing,  shall  be  subject  to  a  penalty 
of  not  exceeding  ten  dollars  for  such  offense. 

§  2.  All  persons  are  forbidden  to  keep  hogs  within  Keeping:  of 
the  limits  of  the  city,  except  on  lands  used  and  taxed  h?blted™ex- 

7  ■*■  cept  on 

as  farm  lands.    Whoever  shall  offend  against  the  pro-  farm  lands, 
visions  of  this  section  shall  be  subject  to  a  penalty  of 
not  exceeding  five  dollars  for  each  and  every  day  any 
swine  shall  be  so  kept  within  said  city  except  on  said 
lands  used  and  taxed  as  farm  lands. 

§  3.  Any  person  who  shall  bring,  leave  or  deposit  Deposit  of 
any  rubbish,  filth,  offal,  refuse  matter  or  dead  carcass  in  echoes  co  s 

47  7ij  canal  or 

the  upper  level  of  the  Cohoes  company's  canal,  within  jjg^JJ; 
the  bounds  of  this  city,  or  in  either  of  the  reservoirs  hibited 
of  the  city  water  works,  shall  for  each  offense  be  sub- 
ject to  a  penalty  of  not  exceeding  one  hundred  dollars. 

§  4.  Any  person  who  shall  bathe  in  any  of  the  g^hing in 
waters  in  any  public  and  exposed  place  within  the  §Jfy  timi? 
limits  of  this  city  between  sunrise  and  dark  or  at  any  Prohlblted 
time  in  the  upper  level  of  the  Cohoes  company's  canal 
or  in  any  reservoir  of  the  city  water  works,  within  the 
limits  of  this  city,  shall  be  subject  to  a  penalty  of  not 
exceeding  five  dollars  for  each  offence. 

§  5.  No  tanner,  refiner,  or  manufacturer  of  gas,  offensive 

u  7  1  °      1  substances 

starch,  leather,  chemicals,  fertilizers  or  of  any  product  £cSdesnu* 
whatsoever,  shall  permit  or  have  any  offensive  sub-  "h°rVwnbin 
stance,  water  or  other  liquid,  whether  refuse,  or  for  pubncSor 


328 


Laws  of  the  City  of  Cohoes. 


use  in  any  trade  or  otherwise,  on  his  premises,  or 
throw,  deposit  or  allow  to  run,  or  to  be  thrown  into 
any  public  waters,  streets  or  public  place,  lake,  pond, 
river  or  stream,  any  offensive  or  deleterious  liquid,  or 
any  gas,  tar  or  refuse,  or  any  offensive  matter;  or 
foul  or  render  impure  any  natural  stream  of  water,  or 
fail  to  use  the  most  approved  and  all  reasonable  means 
to  prevent  the  escape  of  smoke,  gases  and  odors. 
Whoever  shall  violate  any  of  the  provisions  of  this 
section  shall  be  liable  to  a  penalty  of  not  exceeding 
twenty-five  dollars  for  each  and  every  offense. 

Depth  of        ft  6_  Each  and  every  grave  within  the  limits  of  this 

graves  in  o  «/  o 

city  limits.  cjty  |n  which  the  body  of  any  deceased  person  shall 
be  buried,  shall  be  at  least  six  feet  deep.  Every 
person  who  shall  violate  the  provisions  of  this  section 
shall  be  liable  to  a  penalty  of  fifty  dollars. 

Filthy  §  7.  Any  person  who  shall  suffer  or  permit  any 

unwhoie1-6  stagnant  or  filthy  water,  or  putrid  or  unwholesome 
stances  not  meats,  decayed  vegetables  or  other  offensive,  unsound 

to  remain  7  ^  ° 

on  private    or  unwholesome  substance  to  remain  on  his  or  her  lot, 

premises.  7 

or  on  or  in  his  or  her  sidewalk  or  gutter,  or  in  his  or 
her  house  or  other  building  or  cellar,  or  in  or  upon 
any  boat  in  the  Erie  canal,  or  in  the  Champlain  canal, 
within  the  limits  of  this  city,  shall  forfeit  a  penalty  of 
not  exceeding  twenty  dollars  for  each  offence,  and 
shall  also  pay  to  the  city  of  Cohoes  the  expense  and 
charge  which  the  said  corporation  shall  be  put  to  in 
removing  or  abating  any  such  nuisance;  and  the 
mayor  or  any  alderman  or  health  officer,  with  any 
person  in  aid  of  him,  may,  at  any  time  in  the  day 
enter  into  or  upon  any  house,  cellar,  boat  or  other 
place  in  the  city  of  Cohoes,  and  remove  or  abate  such 
nuisance  in  such  manner  as  he  shall  judge  best,  so  as, 
in  his  opinion,  most  effectually  to  secure  the  public 
health ;  and  any  person  obstructing  or  hindering  such 
mayor,  alderman  or  health  officer,  or  any  person  in 


City  Ordinances. 


329 


whole- 
some sub- 
stances not 
to  remain 
on  private 
premises. 


aid  of  either,  in  the  execution  of  his  duty,  shall  be 
subject  to  a  penalty  of  twenty-five  dollars  for  each 
and  every  offence. 

§  8.  Every  owner  or  occupant  of  any  building  or  Putrid, 
lot,  or  any  part  of  any  building  or  lot,  within  the  city  ™xio,!  ;  ,s 
of  Cohoes,  and  the  owner  or  proprietor,  lessee  or 
person  entitled  to  the  possession  of,  or  having  charge 
of  any  unoccupied  building  or  lot,  or  unoccupied  part 
of  any  building  or  lot  in  said  city,  within,  upon,  or 
from  which  building  or  lot,  or  any  part  thereof,  there 
shall  be,  stand  or  proceed  any  putrid  substance,  fetid 
grease,  tallow,  bones  or  offal,  decaying  animal  matter, 
filthy  water,  chemical  compounds  or  any  noxious, 
offensive  or  unwholesome  thing  whatever,  which  shall, 
in  the  opinion  of  the  health  officer  of  said  city,  be 
injurious  to  the  public  health,  or  to  the  health  of  any 
person  who  shall  or  may  be  subiect  thereto,  shall  Removal 

.  thereof, 

forthwith,  upon  being  notified  by  said  health  officer,  after  notice, 
remove  or  suppress  whatever  is  regarded  and  desig- 
nated by  said  health  officer  as  so  injurious,  and  shall 
effectually  prevent  such  injury,  under  a  penalty  of  not 
exceeding  fifty  dollars  for  every  neglect  or  refusal  so 
to  do. 

§  9.  Any  pottery,  brick  kiln,  smoke-house,  SOap  Or  Potteries, 
candle  manufactory,  slaughter  house,  bone  boiling  Or  houses,  etc., 
bone  black  establishment,  or  any  manufactory  in  this  ance?  t"Ube 

. ,  -i-i-ii  .  .     ..  removed  or 

city  which  shall  be  noxious,  injurious  or  unwhole-  abated- 
some,  in  the  opinion  of  the  board  of  health,  shall  be 
considered  a  nuisance,  and  shall  be  removed  or  abated 
upon  reasonable  notice  given  by  the  health  officer ; 
and  if  the  nuisance  shall  continue  after  the  time  speci- 
fied in  the  notice,  the  person  or  persons  so  continuing 
the  same  shall  be  subject  to  a  penalty  of  twenty-five 
dollars  for  each  day's  continuance  after  such  notice  to 
remove  or  abate, 

§  10.  All  persons  are  forbidden  to  pile  manure  Manure, 
upon  any  vacant  lots  or  unoccupied  lands  within  the  ?eSfa°ed. 


Laws  of  the  City  of  Coiioes. 


boundaries  of  this  city  when  the  same,  in  the  opinion 
of  the  health  officer  of  the  city,  is  or  may  be  preju- 
dicial to  the  public  health,  and  are  required  to  remove 
the  same  when  directed  so  to  do  by  said  health  officer 
Whoever  shall  offend  against  any  or  either  of  the 
provisions  of  this  section  shall  be  subject  to  a  penalty 
of  twenty-five  dollars  for  each  and  every  offense, 
stabies  to       a        All  persons  who  have  stables,  or  who  hire  or 

be  provided        °>  x  , 

with  boxes  use  tjie  same  in  this  city,  are  required  to  provide  such 

tor  en  3.  nil  re 

stables  with  suitable  boxes  for  manure,  and  to  remove 
such  manure  from  such  boxes  at  least  once  in  each 
week  during  warm  weather.  Whoever  shall  neglect 
or  refuse  to  comply  with  the  provisions  of  this  section, 
or  any  part  thereof,  shall  be  subject  to  a  penalty  of 
five  dollars  for  each  and  every  offense. 
Removal  of     §12.  All  persons  are  forbidden  to  remove  of  cause 

night  soil  0  r 

regulated.  to  ^e  removed,  night  soil  from  the  vault  ot  any  privy 
in  this  city,  except  during  the  night  time  between  the 
hours  of  eleven  p.  m.  and  four  a.  m.,  under  a  penalty 
of  not  exceeding  twenty-five  dollars  for  each  and 
every  offense. 

Removal  of     §  13.  In  no  case  shall  the  contents  of  any  privy  or 

tents  not  to 

vault  be  removed  unless  the  same  be  properly  disin- 
beforedis-  fected  before  the  work  of  removing  is  commenced, 

infection.  <  . 

and  also  during  the  progress  ot  said  work  and  upon 
the  completion  thereof.  Whoever  shall  offend  against 
any  or  either  of  the  provisions  of  this  section  shall  be 
subject  to  a  penalty  of  not  exceeding  twenty-five 
dollars  for  each  and  every  offense, 
sale  of  un-      §  14.  All  persons  are  forbidden  to  sell  or  give  away 
orPdamUaeed  any  unripe  or  damaged  fruit  to  any  child  or  to  sell  or 
Teef5atbedS  give  away  any  stale  vegetables  for  the  purpose  of 
food  for  the  table  to  any  person  or  persons  within 
this  city.    Whosoever  shall  offend  against  either  of 
the  provisions  of  this  section  shall  be  subject  to  a 
penalty  of  not  exceeding  twenty-five  dollars  for  each 
and  every  offense. 


City  Ordinances. 


331 


vide  separate  boxes  or  receptacles  therefor  so  that  % 
ashes  shall  not  be  placed  in  the  same  box  or  receptacle 
with  garbage  or  other  refuse  matter,  and  place  said 
boxes  and  receptacles  on  the  curb  of  the  sidewalk,  or 
on  the  outer  edge  of  the  alley  adjoining  their  premises 
before  the  hour  of  8  a.  m.,  on  such  days  of  each  week 
as  shall  be  designated  by  the  common  council  of  the 
city  of  Cohoes,  from  time  to  time,  for  removal  of  the 
same.  All  persons  neglecting  or  refusing  to  observe 
the  provisions  of  this  section  shall  be  subject  to  a 
penalty  of  five  dollars  for  each  offense. 


AN"  ORDINANCE  RELATIVE    TO    ANIMALS   RUNNING  AT 
LARGE,  AND  THE  IMPOUNDING  THEREOF. 

The  Common  Council  of  the  city  of  Cohoes  do  ordain 
as  follows : 

Section  1.  ~No  person  owning  or  having  charge  of  nottoVun " 
any  cattle,  horses,  sheep,  swine,  geese,  goats  or  other  stVeetf,6 «c. 
brute  animals  shall  permit  or  suffer  them  or  any  of 
them  to  run  at  large  in  any  street,  road,  lane,  alley  or 
public  square  or  park  in  this  city.  All  persons  violat- 
ing this  section  shall  be  subject  to  a  penalty  of  not 
exceeding  five  dollars  for  each  of  such  cattle,  horses, 
sheep,  swine,  geese,  goats  or  other  brute  animals  so 
running  at  large. 

§  2.  Any  such  cattle,  horses,  sheep,  swine,  geese,  /™po0fucnadUIe 
goats  or  other  brute  animals  running  at  large,  as  ^rautn" 
specified  in  last  section,  may  be  driven  by  any  person  regu" 
to  the  city  pound,  and  it  shall  be  the  duty  of  the  city 
police  to  drive  them  or  cause  them  to  be  driven  to  the 
city  pound  whenever  found  so  running  at  large ;  and 
it  shall  thereupon  be  the  duty  of  the  master  of  such 
pound,  and  he  is  hereby  authorized,  to  sell  the  same, 


CHAPTER  VI. 


332 


Laws  of  the  City  of  Coitoes. 


Notice  of 
sale. 


redeem. 


Fees. 


at  such  pound,  at  public  auction,  to  the  highest  bidder, 
within  six  days  thereafter,  upon  three  days'  notice  in 
writing,  to  be  affixed  to  the  outside  door  or  gate  or 
show  board  of  such  pound,  and  at  the  nearest  public 
owner  may  place  as  provided  by  law,  unless  the  owner  shall  pre- 
viously redeem  the  same  by  paying  to  the  pound- 
master,  the  reasonable  expense  of  driving  them  to  the 
pound,  not  exceeding  fifty  cents  for  each  animal  and 
the  amount  of  his  fees  for  keeping  and  feeding  the 
same  at  the  rate  of  fifty  cents  for  each  animal  for  every 
twenty-four  hours  or  fractional  part  thereof,  and  out 
of  the  proceeds  of  such  sale  to  pay  the  penalty  incur- 
red for  violation  of  this  section  as  hereinbefore  pro- 
Expenses,   vided,  the  reasonable  expense  for  driving  such  animal 
or  animals  to  the  pound  and  for  keeping  and  feeding 
the  same  at  the  rates  above  mentioned,  and  of  selling 
the  same  at  the  rate  of  fifty  cents  for  each  one  sold, 
payment    and  to  pay  over  the  balance  for  the  benefit  of  the  owner 
anacSmt  to  the  chamberlain,  with  an  account  showing  by  whom 
r"  and  when  they  were  driven  to  the  pound,  when  and  to 
whom  sold,  and  the  amount  of  sales,  which  account 
shall  be  rendered  to  and  filed  with  the  chamberlain 
monthly. 

Note  :-For  punishment  for  failure  to  provide  proper  food  and  drink  to  impounded 
animals,  see  §  657,  Penal  Code, 


lain 


CHAPTER  VII. 

AN  ORDINANCE  TO  PRESCRIBE  RULES  AND  REGULATIONS 
FOR  THE  GUIDANCE  OF  THE  SEALER  OF  WEIGHTS  AND 
MEASURES  IN  THE  PERFORMANCE  OF  HIS  DUTIES 
AND  TO  FIX  HIS  FEES  AND  COMPENSATION. 

The  Common  Council  of  the  city  of  Cohoes  do  ordain 
as  follows : 

Section  1.  The  city  sealer  of  weights  and  measures 
shall  visit  semi-annually,  commencing  in  the  month 
of  March  and  September,  respectively,  all  places  of 
business  within  the  limits  of  this  city  where  any 


City  Ordinances. 


333 


article  is  bought  or  sold,  the  sale  of  which  is  regulated  inspection 

,  •    i  x  °  of  scales. 

by  weight  or  measure,  and  carefully  inspect  scales, 
steelyards,  weights  and  measures  in  use  by  any  person 
or  persons  in  the  sale  of  any  articles  regulated  as  afore- 
said, and  he  shall  also  semi-annually  carefully  inspect 
all  scales,  steelyards,  weights  and  measures  used 
within  the  limits  of  this  city  in  the  sale  of  articles  the 
sale  whereof  is  regulated  by  weight  or  measure  by 
persons  other  than  those  who  have  fixed  places  of 
business  therein,  and  if  upon  proper  inspection  by 
said  sealer  of  such  scales,  steelyards,  weights  and 
measures,  he  shall  find  them  to  accord  with  the 
standards  in  his  possession,  he  shall  appropriately 
mark  such  weights  and  measures  and  attach  his  seal 
thereto. 


Marking  of 
weights,etc. 


§  2.  Said  sealer  of  weights  and  measures  shall  be  Fees  for 
entitled  to  receive  for  such  services  at  and  after  the  marking  of 
following  rates,  to  be  collected  from  and  paid  by  the  wdghts, 
person  or  persons  owning  or  using  such  scales,  steel- 
yards,  weights  or  measures.    For  sealing  and  marking 
every  beam,  ten  cents.    For  sealing  and  marking 
measures  of  extension,  at  the  rate  of  ten  cents  per 
yard,  not  to  exceed  fifty  cents  for  any  one  measure. 
For  sealing  and  marking  every  weight,  five  cents.  For 
sealing  and  marking  liquid  and  dry  measures,  ten 
cents  for  each  measure.    But  in  every  case  where  he 
sliall  find  weights  or  measures  to  be  above  or  below 
the  standard,  or  any  scale  or  steelyard  defective  or 
unfit  for  use,  he  shall  proceed  to  correct  such  weights  corre 


:ction 
of  untrue  or 


or  measures  and  attach  his  seal  thereto,  and  notifv  tile  defective 

weights, 

person  or  persons  owning  or  using  such  scale  or  steel-  scales<  et< 
yard  of  such  defect,  after  which  the  person  having 
control  thereof  shall  withdraw  the  same  from  use  until 
repaired  or  corrected,  and  the  said  sealer  shall  have 
power  to  collect  fees  as  a  reasonable  compensation  for  Fees 
such  inspection  and  for  making  such  weights  and  and  correct- 
measures  conform  to  the  standards  in  his  possession  ; 


for  in- 
ing 
:orrei 
ng  same. 


334  Laws  of  the  City  of  Cohoes. 

said  fees  to  be  paid  by  the  person  or  persons  having 
control  of  the  business  where  such  weights,  scales, 
steelyards  or  measures  are  in  use,  and  to  be  regulated 
as  follows:     For  inspection  and  correction  of  all 
measures  and  weights  attached  to  all  scales  or  steel- 
yards having  a  weighing  capacity  of  less  than  one  hun- 
dred pounds  in  or  at  any  one  place  of  business,  fifty 
cents.    For  the  inspection  and  correction  of  weights 
attached  to  each  scale  having  a  weighing  capacity  of 
one  hundred  pounds  and  less  than  five  hundred  pounds 
in  or  at  any  one  place  of  business,  fifty  cents.  For  the 
inspection  and  correction  of  weights  attached  to  each 
scale  having  a  weighing   capacity  of  five  hundred 
pounds   and   less   than   two   thousand    pounds  in 
or  at  any  one  place  of  business,  one  dollar.    For  the 
inspection  and  correction  of  weights  attached  to  each 
scale  having  a  weighing  capacity  of  two  thousand 
pounds  and  less  than  four  thousand  pounds  in  or  at 
any  one  place  of  business,  two   dollars.    For  the 
inspection  and  correction  of  weights  attached  to  each 
scale  having  a  weighing  capacity  of  upwards  of  four 
thousand  pounds,  three  dollars. 
Report  to       §  3.  The  said  sealer  shall  report  in  writing  to  the 
Snmofcases  chamberlain  the  name  of  any  person  or  persons  who 
^produce  shall  refuse  to  produce  scales,  steelyards,  weights  or 
measures  for  inspection  by  said  sealer  when  called 
upon  to  do  so,  or  who  shall  refuse  to  comply  with  the 
provisions  herein  contained. 
Record  of       §  4.  It  shall  be  the  duty  of  the  sealer  of  weights 
firms  to  be   and  measures  to  record  in  a  book  to  be  provided  for 
onnspect-   SUch  purpose  and  to  be  the  property  of  the  city,  the 
mg  scaes,   name  Qf  every  person  or  firm  doing  business  in  this 
city  whose  weights  or  measures  are  used  in  regulating 
the  scale  of  any  article,  the  date  of  inspection  of  such 
weights  or  measures,  the  condition  of  such  weights  or 
measures,  designating  them  above  or  below  the  stand- 
ard, or  correct,  as  the  case  may  be,  and  the  amount  of 


City  Ordinances. 


335 


fees  collected  from  such  person  or  persons ;  which  said  Book  of 
book  shall  be  placed  in  the  hands  of  the  chamberlain 

be  placed 

■  i  -,  „  ,  with  cham- 

on  the  completion  of  each  semi-annual  inspection  of  berlain 
said  sealer  and  be  open  during  business  hours  for  the 
examination  of  any  person  interested  in  the  same. 

§  5.  Any  person  or  persons  who  shall  refuse  to  penalty  for 
comply  with  the  provisions  of  this  ordinance,  or  who  comply to 
shall  refuse  to  produce  scales,  steelyards,  weights  or  nanceo/to 
measures  for  inspection  when  requested  by  said  sealer,  scale" 
or  who  shall  knowingly  continue  in  use  any  scale  or 
steelyard  which  is  irregular  or  defective,  or  weights  or 
measures  which  are  above  or  below  the  lawful  stand- 
ard, shall  be  subject  to  a  penalty  of  not  less  than  three 
nor  more  than  twenty-five  dollars  for  each  and  every 
offense. 

Note  :— In  relation  to  false  weights  and  measures,  see  §§  580-585,  Penal  Code. 


CHAPTER  VIII. 

AN  ORDINANCE   RELATIVE  TO   BILL   POSTING  IN  THE 
CITY  OF  COHOES. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1.  No  person  shall  engage  in  and  carry  on  Bin  posting 
the  business  of  bill  posting,  or  bill  distributing  Or  ting  with- 
sign  advertising  in  the  city  of  Cohoes  without  pre-  prohibited! 
viously  having  obtained  a  license  so  to  do  under  the 
provisions  of  this  chapter. 

§  2.  The  mayor  of  the  city  of  Cohoes  may  grant  to  Mayor  may 
proper  person  who  shall  apply  to  him  therefor,   in  ESSes. 
writing,  a  license  to  engage  in  and  carry  on,  in  the  city 
of  Cohoes,  the  business  of  bill  posting  and  bill  distribu- 
ting and  sign  advertising,  which  license  shall  expire 
at  the  end  of  one  year  from  the  date  of  its  issue. 

§  3.  Every  person  or  firm  to  whom  a  license  may  be  Fees  for 

license 

granted  under  the  provisions  of  this  chapter  shall  pay 


336  Laws  of  the  City  or  Co  hoes. 

to  the  mayor,  on  the  delivery  of  the  same  to  the  party 
to  whom  such  license  is  granted,  the  sum  of  fifty 
dollars. 

§  4.  Every  applicant  for  a  license  under  the  provi- 
sions of  this  chapter  shall  present  to  the  mayor,  at  the 
time  of  making  the  application  for  such  license  a 
bond  in  the  penalty  of  two  hundred  dollars,  executed 
by  the  party  making  the  application  and  two  sureties 
to  be  approved  by  the  mayor  and  conditioned  for  the 
faithful  observance  of  the  provisions  of  this  act  and 
the  ordinances  of  the  said  city. 

§  5.  Any  person  violating  any  of  the  provisions  of 
this  chapter  shall  be  subject  to  the  penalty  prescribed 
by  chapter  twenty  of  these  ordinances. 


CHAPTER  IX. 

AN  ORDINANCE  TO  PROHIBIT  GAMBLING  AND  TO  REGU- 
LATE   SPORTS,   GUNNING,   SHOWS,  EXHIBITIONS, 
AND  PERFORMANCES  FOR  MONET. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 
Games  of       Section  1.  Any  person  who  shall  engage  in  play- 
sunndcaey°n    ins;  cards,  dice,  dominoes  or  any  game  of  chance  for 

prohibited.         °  .  -.  .  ., 

money  or  otherwise  upon  any  Sunday,  within  the 
limits  of  this  city,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  nor  more  than  twenty-five 
dollars  for  each  and  every  offense. 

Exhibitions  §  2.  No  person  shall  exhibit  any  shows  of  natural 
forrnances    or  artificial  curiosities,    theatrical   performances  or 

without  „ 

license  pro-  musical  entertainments,  or  any  shows  or  pertormances 

hibited.  7  " 

for  money  within  the  bounds  of  this  city  except  by 
license  from  the  mayor  first  had  and  obtained  upon 
the  payment  to  the  chamberlain  of  this  city  of  such  sum 
as  may  be  required  by  the  common  council,  not  exceed- 
ing twenty-five  dollars  for  each  day's  exhibition  or 


Applicant 
to  rile  bond. 


Penalty 
for  viola- 
tion of  or- 
dinance. 


City  Ordinances. 


337 


performance,  and  any  person  or  persons  violating  the 
provisions  of  tins  section  shall  be  subject  to  a  penalty 
of  not  exceeding  fifty  dollars  for  each  offense. 

§  3.  Any  person  who  shall  drive,  knock,  toss  or  Ban  Piay- 
play  ball,  pitoh  pennies,  or  pitch  quoits  or  fly  any  on^Sundky, 
kites  in  any  places  within  the  limits  of  this  city  on 
any  Sunday  shall  be  subject  to  a  penalty  of  not 
exceeding  five  dollars  for  each  and  every  offense. 

§  4.  No  person  shall  erect,  set  up,  keep  or  main-  Bowim* 

■*•  J  x  alleys,  bil- 

tam  or  permit  to  be  maintained,  in  any  house  or  e\a/d/0arbleSi 
premises  occupied  by  him,  any  bowling,  ball  alley  or  use 
billiard  table,  for  public  use,  unless  he  shall  first licensed 
obtain  a  license  from  the  mayor  therefor,  and  the 
mayor  is  hereby  authorized  to  grant  such  licenses  from 
time  to  time,  with  such  limitations  and  conditions  as 
he  may  deem  proper,  to  expire  on  the  first  day  of 
May  thereafter. 

Note:— In  relation  to  the  keeping  of  gambling  apparatus,  etc.,  see  §§  336-338  and 
343,  Penal  Code. 


CHAPTER  X. 

AN  ORDINANCE  RELATIVE  TO  THE  USE  OF  SEWERS, 
DRAINS,  WATER  PIPES  AND  OTHER  CONDUITS, 
FOR  THE  PASSAGE  OF  WATER  AND 
SEWAGE,  AND  TO  OBSTRUC- 
TIONS THEREOF. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows  : 

Section  1 .  No  person  shall  be  allowed  to  open  any  Public  sew- 
public  sewer  for  the  purpose  of  draining,  directlv  or  drained  into 

.      rj.  ,,  .      ,        .,  „  „  Without 

indirectly  into  it  any  surface  water  from  any  street,  payment 

n  for  privi- 

alley,  lot  or  lots ;  and  no  person  shall  be  allowed  to  le^e 
open  any  sewer  heretofore  constructed,  by  order  of  the 
common  council  of  the  city,  or  trustees  of  the  village 
of  Cohoes,  for  the  purpose  of  draining,  directly  or  indi- 
rectly, any  private  sewer,  who  have  not  paid  an  assess- 
ment toward  the  construction  of  any  such  sewer 


888 


Laws  of  the  City  of  Cohoes. 


Power  of 
common 
council  to 
shut  off 
drain. 


Passage  of 
water  in 
gutters, 
sewers,  etc. 
not  to  be 
obstructed. 


without  first  paying  to  the  chamberlain  of  the  city 
such  sum  as  the  common  council  may  deem  just  and 
equitable  for  such  privilege ;  and  any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject 
to  a  penalty  of  not  exceeding  ten  dollars  for  each 
offense ;  and  the  common  council  may  shut  off  any 
dram  so  entering  any  such  sewer,  provided  the  pay- 
ment is  not  made  as  so  assessed  by  the  common  council 
as  aforesaid. 

§  2>  Any  person  or  persons  who  shall  stop  or 
obstruct  the  passage  of  the  water  of  any  street  gutter 
or  public  sewer,  culvert  or  water  pipe,  pump  or 
hydrant,  laid  or  placed  by  the  city,  shall  be  subject  to 
a  penalty  of  twenty-five  dollars  for  each  and  every 
offense. 


CHAPTER  XL 


Title  of  act 
for  licens- 
ing tran- 
sient mer- 
chants. 


Provisions 
of  same. 


AN   ORDINANCE   TO    REGULATE    SALES   OF  BANKRUPT 
AND  OTHER  STOCK  BY  TRANSIENT  RETAIL 
MERCHANTS. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1.  Whereas  chapter  141  of  the  laws  of 
1898,  entitled  "  An  Act  to  provide  for  the  licensing  of 
transient  retail  merchants  in  cities  and  villlages  in  the 
state  of  New  York, ' '  provides  as  follows : 

"§  1.  No  person  whether  acting  as  principal  or 
as  agent  for  another,  shall  conduct  a  transient  retail 
business  in  any  store  in  any  city  of  the  third  class, 
village  or  town  of  this  state  for  the  sale  of  goods 
which  shall  be  represented  or  advertised  as  a  bankrupt 
stock,  or  as  assigned  stock,  or  as  goods  damaged  by 
fire,  water  or  otherwise,  or  by  any  such  like  represen- 
tation or  device,  without  first  taking  out  a  license 
therefor  from  the  mayor  of  such  city,  president  of 


City  Ordinances. 


339 


such  village  or  the  supervisor  of  such  town.  The 
amount  of  the  fee  for  such  license  in  any  city  shall  be 
fixed  by  resolution  duly  passed  by  the  board  of  alder- 
men or  common  council,  and  in  a  village  by  resolution 
duly  passed  by  the  board  of  trustees  of  such  village; 
and  in  a  town  by  resolution  of  the  town  board  of  such 
town.  Such  fee  shall  not  be  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars  per  month 
in  a  city  or  incorporated  village,  and  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  per  month  in  a 
town.  No  such  license  shall  be  issued  for  a  less 
period  than  one  month  and  shall  be  renewed  monthly 
during  the  continuance  of  such  business.  The  sum 
paid  as  license  fees  shall,  in  a  city  or  village,  be  paid 
to  the  treasurer  of  such  city  or  village,  and  in  a  town 
to  the  supervisor  thereof  to  be  used  for  city,  village 
or  town  purposes." 

"§  2.  Any  person  as  principal  or  agent,  conducting 
a  transient  retail  business,  as  described  in  this  act, 
without  obtaining  a  license  therefor,  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  a  sum  not  less  than  one  hundred  dollars  nor 
more  than  two  hundred  dollars,  and  in  default  of  the 
payment  thereof  shall  be  imprisoned  for  a  period  of 
not  more  than  sixty  days." 

Now,  therefore,  in  pursuance  of  said  act  and  for  Fee  for 
the  purpose  of  carrying  out  and  enforcing  the  pro-  S™J 
visions  thereof,  the  amount  of  fee  for  such  license  as  SK1 
is  provided  for  and  specified  in  said  act,  in  and  for  the 
city  of  Cohoes,  is  hereby  fixed  by  the  common  council 
thereof  at  the  sum  of  seventy-five  dollars  per  month. 

Note  .—In  relation  to  fictitious  co-partnership  names,  see  §  363  Penal  Code. 

In  relation  to  carrying  on  business  as  agent,  see  §  363a,  Id. 

In  relation  to  carrying  on  business  under  an  assumed  name,  see  §  363b,  Id- 


340 


Laws  of  the  City  of  Cohoes. 


CHAPTER  XII. 

AN  ORDINANCE  TO  REGULATE  THE  WEIGHT  OF  BREAD 
SOLD  IN  THE  CITY  OF  COHOES. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 

Section  1.  All  bread  sold  or  offered  for  sale  within 
the  limits  of  this  city  shall  be  either  one  pound  loaves 
or  two  pound  loaves,  and  each  pound  loaf  shall  weigh 
sixteen  ounces,  if  weighed  within  twenty-four  hours 
after  the  same  shall  have  been  baked,  and  each  two 
pound  loaf  shall  weigh  thirty-two  ounces,  if  weighed 
within  twenty-four  hours  after  the  same  shall  have 
been  baked.  Whoever  shall  offend  against  any  of 
the  provisions  of  this  section,  shall  be  subject  to  a 
penalty  of  five  dollars  for  each  offense. 


CHAPTER  XX. 

AN  ORDINANCE  RELATIVE  TO  THE  APPLICATION  AND 
INTERPRETATION  OF  CERTAIN  ORDINANCES,  AND 
TO  THE  REPEAL  OF  OTHERS. 

The  Common  Council  of  the  city  of  Cohoes  do 
ordain  as  follows : 
penalty  for     Section  1.  Any  person  violating  the  provisions  of 
ordinances  chapters  one  to  twelve,  inclusive,  of  these  ordinances 

prescribed.  1  ,  Tl 

or  any  section  or  portion  thereof,  shall,  upon  prose- 
cution and  conviction  therefor,  before  the  recorder  of 
the  city  of  Cohoes,  be  liable  for  each  offense,  except 
as  therein  otherwise  prescribed,  to  a  fine  in  the  dis- 
cretion of  said  recorder,  of  not  exceeding  fifty  dollars 
and  in  default  of  the  payment  thereof,  imprisonment 
in  the  Cohoes  jail  for  a  term  not  exceeding  thirty 
days. 

imprison-       §  2.  In  default  of  the  payment  of  the  penalties 
Sic!    imposed  for  the  violation  of  said  ordinances,  the 
person  so  violating  the  same  shall,  except  as  therein 


City  Ordinances. 


341 


otherwise  prescribed,  be  imprisoned  in  the  Cohoes  jail 
the  same  number  of  days  as  the  dollars  of  the  penalty, 
under  thirty  dollars,  each  day  being  reckoned  and 
regarded  as  equivalent  to  one  dollar  of  penalty. 
Where  it  is  in  these  ordinances  prescribed  that  any 
person  shall  be  subject  to  punishment  for  each  twenty- 
four  hours  violation,  or  part  thereof,  of  any  provision 
hereof,  such  fine  shall  not  exceed  fifteen  dollars  for 
each  such  period  of  violation,  or,  in  default  of  pay- 
ment thereof  fifteen  days  imprisonment  in  said  Cohoes 
jail. 

§  3.  The  words  person'  or  'persons'  when  used  in  Definitions, 
these  ordinances  shall  be  construed  to  include  corpo- 
rations, associations  and  partnerships.  Words  im- 
porting the  masculine  gender  may  be  applied  to  and 
include  corporations,  associations,  partnerships  and 
women ;  words  importing  the  plural  number  may  be 
applied  to  and  mean  only  a  single  person  or  thing ; 
words  importing  the  singular  number  may  be  applied 
to  and  mean  several  persons  or  things. 

§  4.  All  ordinances  passed  by  the  common  council  RePeal 
of  the  city  of  Cohoes,  prior  to  the  third  day  of  Sep- 
tember, 1901,  are  hereby  repealed. 

§  5.  The  foregoing  ordinances,  designated  as  chap- 

Time  of 

ters  one  to  twelve,  inclusive,  and  chapter  twenty;  f eS  of  it 
shall  take  effect  immediately  upon  their  adoption  and 
publication  as  required  by  law ;  but  no  repeal  of  any 
existing  ordinance  shall  take  effect  until  after  such 
Publication. 

Note:— As  to  evidence  of  ordinances,  see  §  941,  Code  of  Civil  Procedure  ;  also  §  1, 
Chapter  219,  Laws  of  1878,  as  amended  by  Chapter  211,  Laws  of  1879. 

As  to  processions  in  streets,  see  §  4,  of  the  general  city  law,  (Chapter  327,  Laws  of 
1900). 

As  to  carrying  fire-arms  in  cities,  etc.,  see  §§  1-3,  Chapter  375,  Laws  of  1883. 
As  to  closing  of  butcher  shops  on  Sunday,  see  Chapter  392,  Laws  of  1901. 
As  to  licensing  of  private  detectives,  see  Chapter  422,  Laws  of  1898,  as  amended  by 
Chapter  362,  Laws  of  1901. 


342  Laws  of  the  City  of  Cohoes. 

As  to  desecration,  etc.,  of  the  flag  of  the  United  States,  or  of  this  state,  see  sub.  16, 
§  640,  Penal  Code. 

As  to  barber  shops  closing  on  Sunday,  see  §  1,  Chapter  823,  Laws  of  1895. 
As  to  Sabbath  breaking,  declared  a  misdemeanor,  see  §  269,  Penal  Code. 
As  to  parades  on  Sunday,  see  §276,  Penal  Code. 

For  the  provisions  of  law  relative  to  the  keeping  and  storing  of  petroleum,  see  §§ 
22-25,  of  the  domestic  commerce  law  (Chapter  376,  Laws  of  1896). 

For  provisions  relative  to  auctions  and  auctioneers,  see  Art.  Ill,  Id. 

For  "Act  to  prevent  the  mutilation  of  shade  or  ornamental  trees,"  see  Chapter  215, 
Laws  of  1875;  as  amended  by  Chapter  344,  Laws  of  1881. 

For  prohibition  against  injury  to  bridges,  etc.,  see  §  639,  Penal  Code. 

In  relation  to  licenses  for  retailing  goods  on  boats,  see  §  8  of  the  general  city  law, 
infra. 

For  prohibition  against  display  of  foreign  flags  on  public  buildings,  see  Chapter  36, 
Laws  of  1895. 

For  provisions  relative  to  the  adulteration,  sale  and  weighing  of  hops,  hay  and  straw, 
see  Art.  VII,  domestic  commerce  law. 

As  to  keeping  of  disorderly  houses,  houses  of  ill-fame,  etc.,  see  §  322,  Penal  Code. 


CODE  OF 


SANITARY  ORDINANCES 

OF  THE 

BOARD  OF  HEALTH 

OF  THE 

CITY  OF  COHOES, 


Adopted  by  the  Board  of  Health  of  the  city  of  Date  of  and 
Cohoes,  March  6th,  1895,  by  virtue  and  in  pursuance 
of  the  authority  and  power  conferred  upon  said  board  ^ 
by  chapter  six  hundred  and  sixty-one,  of  the  laws  of 
eighteen  hundred  and  ninety-three,  entitled  "An  act 
in  relation  to  the  public  health,"  constituting  chapter 
twenty-five  of  the  General  Laws. 

Section  1.  Whatever  is  dangerous  to  human  life  Acts  detri- 
or  health ;  whatever  building,  or  part  or  cellar  thereof,  3? to 

.  ?  '  health 

is  overcrowded  or  not  provided  with  adequate  means  prohibited, 
of  ingress  and  egress,  or  is  not  sufficiently  supported, 
ventilated,  sewered,  drained,  lighted  or  cleaned;  and 
whatever  renders  soil,  air,  water  or  food  impure  or 
unwholesome,  are  declared  to  be  nuisances  and  to  be 
illegal ;  and  every  person  having  aided  in  creating  or 
contributing  to  the  same,  or  who  may  support,  con- 
tinue or  retain  any  of  them,  or  who  shall  omit  to  do 
any  act  or  to  take  any  precaution,  reasonable  and 
proper,  to  prevent  or  remove  danger  or  detriment  to  the 
life  or  health  of  any  human  being,  shall  be  deemed 
guilty  of  a  violation  of  this  ordinance,  and  shall  also 
be  liable  for  the  expense  of  the  abatement  or  remedy 
required. 

343 


344  Laws  of  the  City  of  Cohoes. 

Privy-pits,      §  g   N0  privv-pit,  cesspool  or  reservoir  into  which 

etc.,  to  be  so       »      "  1  A 

constructed  any  priVy,  water  closet,  stable,  sink  or  other  recepta- 
STsSf,  cle  of  refuse  or  sewage  is  drained  shall  be  constructed 
weiis, etc.'  or  maintained  in  any  situation  or  manner  whereby, 
through  leakage  or  overflow  of  its  contents,  it  may 
cause  pollution  of  the  soil  near  or  about  habitations, 
or  of  any  well,  spring  or  other  source  of  water  used 
for  drinking  or  culinary  purposes ;  nor  shall  the  over- 
flow from  any  such  reservoir  or  receptacle  be  per- 
mitted to  discharge  into  any  public  place  or  in  any- 
sametobe  wise  whereby  danger  to  health  may  be  caused.  And 
cleaned,  etc.  pit?  reservoir  or  receptacle  shall  be  cleaned 

and  the  contents  thereof  removed  at  such  times  and 
under  such  precautions  as  the  board  of  health  may 
contents  to  prescribe.  Contents  of  privies,  when  removed,  must 
tbeeddcinernef-ec"  be  disinfected  with  the  solution  hereinafter  directed. 
moval  All  carts  and  vessels  used  for  such  purposes  must  be 
water-tight  and  disinfected  immediately  with  the  fol- 
spiution  for  lowing  solution:  Six  pounds  copperas,  four  gallons 
disenfection  water     TMs  amount  to  be  used  during  the  cleaning 

of  an  ordinary  vault.  Violation  of  any  of  the  pro- 
visions of  this  ordinance  shall  subject  the  offending 
party  to  a  penalty  of  five  dollars  for  each  day's  con- 
tinuance of  the  nuisance  after  due  notice  to  abate  it 
from  an  authorized  officer, 
sewers  and    r  3.  All  house  sewers  or  drains  for  the  conveyance 

drains,  con-       "  -ini  ri 

struction    0f  deleterious  0r  offensive  matters  shall  be  water-tight, 

prescribed.  ^  .  •in 

and  the  plans  and  methods  of  their  construction  shall 
be  subject  to  the  approval  of  the  board  of  health. 
In  streets  or  avenues  where  public  or  main  sewers  are 
or  shall  be  constructed  the  owner  or  occupant,  tenant 
or  agent,  of  any  building  or  premises  adjacent  to  such 
street  or  avenue  shall  cause  all  house  connections  to 
be  made  with  such  sewer  and  shall  construct,  or  cause 
to  be  constructed,  a  drain  to  connect  each  and  every 
vault  or  privy  in  said  building  or  upon  said  premises 
with  said  sewer,  and  such  drain,  soil-pipe,  passage  or 
connections  shall  be  at  all  times  adequate  for  this 


privies,  con- 
struction of. 


Sanitary  Ordinances.  345 

purpose  and  such  as  shall  freely  convey  and  allow  to 
pass  whatever  enters  or  should  enter  the  same. 

§  4.  Every  person  or  persons  who  shall  construct,  vaults  and 
or  cause  to  be  constructed,  a  vault  or  privy  upon  any 
ground  which,  from  its  location,  subjacent  position  or 
otherwise,  cannot  have  access,  connection  with  or 
passage  to  some  main  drain  or  public  sewer,  shall 
cause  said  vault  or  privy  to  be  made  water-tight,  to 
be  built  of  brick  or  stone  and  cement,  or  of  wooden 
planks  not  less  than  two  inches  in  thickness.  No 
vault  or  privy  shall  contain  less  than  eighty  or  more 
than  two  hundred  and  sixteen  cubic  feet,  nor  be  more 
than  six  feet  in  depth;  nor  shall  any  such  vault  or 
privy  be  nearer  than  thirty  inches  from  any  adjacent 
lot  or  premises,  and  every  vault  or  privy  shall  be  so 
constructed  as  to  be  conveniently  approached,  opened 
and  cleaned. 

§  5.  No  owner,  occupant,  tenant  or  agent  shall  COn-  Drains  and 
struct,  or  cause  to  be  constructed,  any  drain  or  sewer,  Singcon" 

with  main 

nor  any  part  or  portion  thereof,  to  connect  with  anv sewer?' con- 

7  J  struction  of. 

mam  dram  or  public  sewer,  except  the  same  first 
mentioned  drain  or  sewer  be  made  of  brick  and 
cement,  or  of  iron  pipe  or  of  vitrified  pipe,  and  every 
such  drain  or  sewer  shall  be  oval  or  round  in  form, 
and  such  drain  or  sewer  shall  be  so  trapped  and 
secured  as  to  prevent  the  escape  therefrom  of  any 
offensive  odor  and  poisonous  matter. 

§  6.  No  person  or  persons  shall  use,  or  permit  toWatersim. 
be  used,  for  drinking  or  culinary  purposes,  the  water gSSSSta, 
from  any  well,  spring  or  any  other  source  which  is  be  Suffer 
situated  less  than  fifty  feet  from  any  vault,  privy,  etrcnking' 
cesspool  or  other  reservoir  into  which  any  water 
closet,  sink  or  stable  is  drained,  except  such  vault, 
privy,  cesspool  or  reservoir  be  water-tight  and  kept  in 
wholesome  and  proper  condition. 


346  Laws  of  the  City  of  Cohoes. 

Refuse,etc,  §  7.  No  house  refuse,  offal,  garbage,  dead  animals, 
thrown  into  (jecaying  vegetable  matter  or  organic  waste  substances 

wafers        °f  aTlJ  km(1   SQa11   be   tnr0WI1   UP0Tl   0r   ilX  Street, 

road  or  public  place,  or  the  canals  or  Mohawk  river, 
and  no  putrid  or  decaying  animal  or  vegetable  matter 
shall  be  kept  in  any  house,  cellar  or  adjoining  out- 
building for  more  than  twenty-four  hours.  Violation 
of  any  of  the  provisions  of  this  ordinance  shall  subject 
the  offending  party  to  a  penalty  of  twenty-five  dollars 
for  each  offense. 

Hoiiowsnot    8  8   No  sunken  places  shall  be  filled  nor  made  land 

to  be  filled         «  1  ...  -.  . 

withputre-  constructed  with  anv  materials  containing  an  admix- 

scible  mat-  v 

ter  ture  of  putrescible  animal  or  vegetable  matter,  except 
by  permission  of  this  board,  under  a  penalty  of  five 
dollars  for  each  cartload,  or  part  thereof,  of  such 
materials  deposited. 

Erection  of  §  9.  No  person  or  company  shall  erect  or  maintain 
ries1!^0!0"  any  manufactory  or  place  of  business  dangerous  to 
tdoeheaithta  life  or  detrimental  to  health,  or  where  unwholesome, 

regulated.  . 

offensive  or  deleterious  odors,  gas,  smoke,  deposit  or 
exhalations  are  generated  without  the  permit  of  the 
board  of  health ;  and  all  such  establishments  shall  be 
kept  clean  and  wholesome  so  as  not  to  be  offensive  or 
prejudicial  to  public  health ;  nor  shall  any  offensive 
or  deleterious  waste  substance,  gas-tar,  sludge,  refuse 
or  injurious  matter  be  allowed  to  accumulate  upon 
the  premises  or  be  thrown  or  allowed  to  run  into  any 
public  waters,  stream,  water  course,  street  or  public 
place.  And  every  person  or  company  conducting 
such  manufactory  or  business  shall  use  the  best 
approved,  and  all  reasonable,  means  to  prevent  the 
escape  of  smoke,  gases  and  odors  and  to  protect  the 
health  and  safety  of  all  operatives  employed  therein. 
Any  violation  of  any  of  the  provisions  of  this  ordin- 
ance shall  subject  the  offending  party  to  a  penalty  of 
one  hundred  dollars  for  each  offense. 


Sanitary  Ordinances.  347 
§  10.  No  meat,  fish,  bird,  fruit  or  vegetables,  milk  unwhoie- 

v  7  o  7  some  foods, 

or  anything  for  human  food  or  drink,  not  being  then 
fresh  or  properly  preserved,  sound,  wholesome  and 
safe  for  such  use;  nor  any  flesh  of  any  animal  which 
died  by  disease,  or  which  was  at  the  time  of  its  death 
in  a  sickly  or  unwholesome  condition;  nor  the  carcass 
or  meat  of  any  calf  which  was  at  the  date  of 
its  death  less  than  four  weeks  old,  or  of  any  lamb 
which  was  at  the  date  of  its  death  less  than  eight 
weeks  old,  or  of  any  pig  which  was  at  the  date 
of  its  death  less  than  five  weeks  old  shall  be  brought 
within  the  limits  of  this  municipality  nor  offered  or 
held  for  sale  as  food  therein.  No  person  shall  have 
at  any  place  where  milk,  butter  or  cheese  is  kept  for 
sale,  nor  at  any  place  offer  or  have  for  sale,  nor  shall 
any  person  bring  or  send  to  the  said  city  of  Cohoes 
any  unwholesome,  watered  or  adulterated  milk,  or 
milk  known  as  swill  milk,  or  milk  from  cows  or  other 
animals  that  for  the  most  part  lived  in  stables  or  that 
fed  on  swill,  nor  any  butter  or  cheese  made  from  any 
such  milk,  nor  any  unwholesome  butter  or  cheese. 
Any  violation  of  any  of  the  provisions  of  this  ordi- 
nance shall  subject  the  offending  party  to  a  penalty  of 
twenty-five  dollars  and  to  the  seizure  and  destruction 
of  such  unsound,  unwholesome  or  immature  food  sub- 
ances. 

§  11.    No  person  or  persons,  without  the  consent  slaughter 
of  the  Board  of  Health,  shall   build   or  use  anysiTSer- 
slaughter  house  within  the  limits  of  this  municipality,  ref ufa&d. 
and  the  keeping  and  slaughtering  of  all  cattle,  sheep 
and  swine,  and  the  preparation  and  keeping  of  all 
meat,  fish,  birds,  or  other  animal  food  shall  be  in  the 
manner  best  adapted  to  secure  and  continue  their 
wholesomeness  as  food ;  and  every  butcher  or  other 
person  owning,  leasing  or  occupying  any  place,  room 
or  building  wherein  any  cattle,  sheep  or  swine  have 
been  or  are  killed  and  dressed,  and  every  person  being 
the  owner,  lessee  or  occupant  of  any  room  or  stable 


348  Laws  of  the  City  of  Cohoes. 

wherein  any  animals  are  kept,  or  of  any  market, 
public  or  private,  shall  cause  such  place,  room,  build- 
ing, stable  or  market,  and  their  yards  and  appurte- 
nances, to  be  thoroughly  cleansed  and  purified,  and 
all  offal,  blood,  fat,  garbage,  refuse  and  unwholesome 
and  offensive  matter  to  be  removed  therefrom  at  least 
once  in  every  twenty -four  hours  after  the  use  thereof 
for  any  of  the  purposes  herein  referred  to,  and  shall 
also  at  all  times  keep  all  woodwork,  save  floors  and 
counters,  in  any  building,  place  or  premises  aforesaid, 
thoroughly  painted  or  whitewashed ;  and  the  floors  of 
such  building,  place  and  premises  shall  be  so  con- 
structed as  to  prevent  blood  or  foul  liquids  or  wash- 
ings from  settling  in  the  earth  beneath.  No  slaught- 
ering of  cattle  shall  be  permitted  in  the  city  of  Cohoes 
Sales  of  fish,  without  a  special  permit  from  this  board.  No  person 
onstreete,'  0r  persons  engaged  in  the  selling  or  keeping  for  sale 

etc.,  with-  x  oo  _  -,  ,11  -un 

p?ohPibiSd'  of  any  fisn'  meat>  birds,  fowls  or  vegetables  shall, 
without  a  permit  from  this  board,  expose  the  same 
upon  any  portion  of  any  street  or  sidewalk  or  public 
place  in  the  city  of  Cohoes.  Any  violation  of  any  of 
the  provisions  of  this  ordinance  shall  subject  the 
offending  party  to  a  penalty  of  five  dollars  for  each 
day's  continuance  or  repetition  of  the  offense, 
infectious  §  12.  Every  householder  or  head  of  family  in  a 
^reported,  house  wherein  any  case  of  infectious  disease  may 
occur  shall  report  the  same  to  the  board  of  health,  or 
to  the  health  officer,  within  twelve  hours  from  the 
time  of  his  or  her  first  knowledge  of  the  nature  of 
such  disease;  and,  until  instructions  are  received 
from  the  said  board  or  the  health  officer,  shall  not 
permit  any  clothing  or  other  article  which  may  have 
been  exposed  to  infection  to  be  removed  from  the 
house ;  nor  shall  any  occupant  change  his  residence 
elsewhere  without  the  consent  of  the  said  board  or 
health  officer.  Every  physician  who  may  be  called 
to  attend  a  case  of  infectious  disease  shall,  as  soon  as 
he  discovers  the  nature  thereof,  make  a  written  report 


Sanitary  Ordinances. 


349 


specifying  the  name  and  residence  of  the  patient,  the 
nature  of  the  disease  and  any  other  facts  relating 
thereto  which  he  may  deem  important  to  the  public 
health,  and  affix  the  date  and  sign  his  name  thereto ; 
and  he  shall  transmit  the  same  to  the  board  of  health 
within  twelve  hours  as  above  provided.  The  diseases 
to  be  thus  promptly  reported  are  :  Asiatic  cholera, 
yellow  fever,  typhus  and  typhoid  fevers,  small -pox, 
scarlet  fever,  measles,  diphtheria  and  membraneous 
croup.  Any  violation  of  any  of  the  provisions  of  this 
ordinance  shall  subject  the  offending  party  to  a  penalty 
of  ten  dollars. 

§  13.  No  person  or  article  liable  to  propagate  a  propaga- 
dangerous  diseases  shall  be  brought  within  the  limit  dangerous 
of  this  municipality  unless  by  the  special  permit  and  prohibited, 
direction  of  the  board  of  health;  and  anyone  having 
knowledge  that  such  person  or  article  has  been  brought 
within  such  limits  shall  immediately  notify  the  said 
board  thereof.    Any  violation  of  any  of  the  provisions 
of  this  ordinance  shall  subject  the  offending  party  to 
a  penalty  of  twenty-five  dollars. 

§  14.  No  person  shall,  within  the  limits  of  this 

Removal  of 

•    •      t  ,  _  _  persons,etc. 

municipality,  unless  by  permit  of  the  board  of  health,  affected 

7  with  conta- 

carry  or  remove  from  one  building  to  another  any |g^c" 
person  affected  with  any  contagious  or  infectious  dis- prohibit^d 
ease.    Nor  shall  any  person,  by  any  exposure  of  any 
individual  so  affected,  or  of  the  body  of  such  individ- 
ual, or  of  any  article  capable  of  conveying  contagion 
or  infection,  or  by  any  negligent  act  connected  with 
the  care  or  custody  thereof,  or  by  a  needless  exposure 
of  himself  or  herself,  cause  or  contribute  to  the  spread 
of  disease  from  any  such  individual  or  dead  body. 
No  conductor  on  a  railroad,  or  any  stage  or  street  car  Railroads, 
driver  or  conductor,  or  any  other  person  or  persons  5?"  o?atos' 

-,  "'  r  bring  into 

wno  may  transport  passengers,  nor  any  captain,  com-  £ty,  wWi- 
mander  or  conductor  of  any  canal  or  steamboat,  or  JX^eT 
any  other  water  craft,  shall  bring  within  the  limits  of 


350  Laws  of  the  City  of  Cohoes. 

the  city  of  Cohoes,  or  permit  to  be  landed,  any  per- 
son or  persons  afflicted  with  any  contagions,  malig- 
nant or  infectious  disease  without  having  first  obtained 
the  permission  of  the  health  officer  of  this  board  so 
to  do. 

public  fun-  §  15.  There  shall  not  be  a  public  or  church  funeral 
persons  of  any  person  who  has  died  of  Asiatic  cholera,  small - 
withconta-  -pox,  typhus  or  typhoid  fevers,  diphtheria,  membran- 

gioUS  dis- 

bidden01""  eous  crouP>  scarlet  fever  or  measles,  without  the  per- 
mission of  the  board  of  health  or  health  officer 
therefor ;  and  the  family  of  the  diseased  shall,  in  all 
such  cases,  limit  the  attendance  to  as  few  as  possible 
and  take  all  precautions  possible  to  prevent  the 
exposure  of  other  persons  to  contagion  or  infection. 
Any  violation  of  any  of  the  provisions  of  this  ordi- 
nance shall  subject  the  offending  party  to  a  penalty 
of  fifty  dollars. 

Household-  §  16.  Every  householder,  parent,  guardian  or  friend 
se;rreenCderto  of  any  person  afflicted  with  a  malignant,  contagious 
thtse afflict- or  infectious  disease  shall,  upon  demand  made  by 

contagious 

this  board,  yield,  relinquish  and  resign  to  this  board 

discuses 

or  its  appointed  agents  the  body  and  all  care,  pro- 
tection and  guardianship  of  and  over  said  deceased 
person ;  and  a  like  relinquishment  shall  be  made  of 
any  thing  or  article  affected  with  or  exposed  to  any 
contagious  disease. 

Animals  §  17.  No  animal  affected  with  an  infectious  or  con- 
with  such   tagious  disease  shall  be  brought  or  kept  within  the 

diseases  not      °  ,  .  .    .       ,  .  ,  ,     ■,         ■  i  • 

to  be       limits  of  this  municipalitv  except  by  the  permission 

brought  x  *  , 

within  city. 0f  the  board  of  health;  and  the  bodies  ol  animals, 
fuchan^    dead  of  such  disease  or  killed  on  account  thereof, 


SSregu"  shall  not  be  buried  within  five  hundred  feet  of  any 
residence,  nor  disposed  of  otherwise  than  as  the  said 
board  or  its  health  officer  shall  direct.  Any  viola- 
tion of  any  of  the  provisions  of  this  ordinance  shall 
subject  the  offending  party  to  a  penalty  of  twenty- 
five  dollars. 


Sanitary  Ordinances.  351 

§  18.  It  shall  be  the  duty  of  the  groom,  in  every  Marriages 

r"  .  .     to  be  re- 

marriage, or  the  clergyman  or  magistrate  performing  "ggj1  by 

the  ceremony,  to  make  sure  that  the  prescribed  report 

of  such  marriage  is  presented  to  the  board  of  health 

or  its  registering  officer  within  thirty  days,  under  a 

penalty  of  five  dollars  for  failure  to  do  so ;  and  for 

each  ten  days  of  continued  neglect  to  present  such 

report,  after  the  expiration  of  the  first  thirty  days,  an 

additional  penalty  of  five  dollars  shall  be  incurred. 

§  19.  It  shall  be  the  duty  of  the  physician  or  mid-  Physicians, 

"  etc.,  attend 

wife  in  attendance  at  every  birth  to  write  out  and  ine  l°  rt 

*>  .  port  births. 

sign,  upon  the  form  prescribed  by  the  State  board  of 
health,  the  certificate  of  such  birth,  and  make  sure 
that  said  certificate  is  returned  to  the  local  board  of 
health,  or  person  designated  by  it  to  receive  it,  within 
thirty  days  of  such  birth.  Any  violation  of  the  pro- 
visions  of  this  ordinance  shall  subject  the  offending 
party  to  a  penalty  of  five  dollars. 

§  20.  Every  undertaker  or  other  person  who  mayundertak- 
have  charge  of  the  funeral  of  any  dead  person  shall  cure  and 
procure  a  properly  filled-out  certificate  of  the  death 

tificates  of 

and  its  probable  cause,  in  accordance  with  the  form and  obtain 

burial 

prescribed  by  the  State  board  of  health,  and  shall  Permits- 
present  the  same  to  the  designated  officer  or  member 
of  the  local  board  of  health,  and  obtain  a  burial  or 
transit  permit  thereupon,  at  least  twenty-four  hours 
before  the  time  appointed  for  such  funeral ;  and  he 
shall  not  remove  any  dead  body  until  such  burial  or 
transit  permit  shall  have  been  procured.  Any  viola- 
tion of  any  of  the  provisions  of  this  ordinance  shall 
subject  the  offending  party  to  a  penalty  of  five  dollars. 

§  21.  It  shall  be  the  duty  of  the  physician  last  in  Physicians 
attendance  upon  any  person  who  may  die  within  the tomaSnd 

i  -     «  n     -a  .     ■  „  "  leave  with 

limits  of  the  jurisdiction  of  this  board  of  health  to  £™^e°df 
write  out  and  sign  without  delay,  upon  the  form  pre-  ofdeath68 
scribed  by  the  State  board  of  health,  the  professional 
certificate  of  the  death  and  send  it  or  leave  it  with 


352  Laws  of  the  City  of  Cohoes. 

the  family  of  the  deceased,  or  hand  or  send  it  to  the 
undertaker  in  charge  of  the  remains.  In  case  an 
inquest  has  been  required  by  law  and  no  physician 
has  been  in  attendance,  the  certificate  shall  be  filled 
out,  setting  forth  the  probable  or  believed  cause  of 
death,  by  some  reputable  person  known  to  the  officer 
issuing  the  burial  or  transit  burial  permit,  and  the 
said  person  shall  also  make  affidavit  to  the  facts  set 
forth  in  the  certificate,  which  affidavit  must  be 
attached  to  said  certificate.  Any  violation  of  the 
provisions  of  this  ordinance  shall  subject  the  offend- 
ing party  to  a  penalty  of  five  dollars. 

sextons,  §  22.  Every  person  who  acts  as  a  sexton,  or  under- 
klepeSfetc.  taker,  or  cemetery  keeper,  within  the  limits  of  this 
reiSn  to"  municipality,  or  has  the  charge  or  care  of  any  tomb, 

public  *         ^  7  _  . 

health.  vault,  burying  ground  or  other  place  for  the  reception 
of  the  dead,  or  where  the  bodies  of  any  human  beings 
are  deposited,  shall  so  conduct  his  business  and  so 
care  for  any  such  place  above  named  as  to  avoid  detri- 
ment or  danger  to  public  health ;  and  every  person 
undertaking  preparations  for  the  burial  of  a  body 
dead  from  contagious  or  infectious  disease  as  herein- 
before enumerated  shall  adopt  such  precautions  as  the 
board  of  health  may  prescribe  to  prevent  the  spread 
of  such  disease.  Any  violation  of  any  of  the  provis- 
ions shall  subject  the  offending  party  to  a  penalty  of 
twenty-five  dollars. 

Duty  of       §  23-  The  health  officer  is  directed  and  empowered 
c¥to}n-'  to  execute  and  enforce  all  sanitary  regulations  of 
ifations,ege"c.  general  obligation  now  or  hereafter  to  be  published 
by  this  board ;  also  to  enter  upon  or  within  any  prem- 
ises where  conditions  dangerous  to  the  public  health 
are  known  or  believed  to  exist,  and  to  examine  into 
the  nature  of  complaints  made  by  any  of  the  inhab- 
Heaithoffi-itants  concerning  sources  of  danger  or  injury  to 
serrve°rperce:  health;  and  he  shall  preserve  accurate  records  of  his 
ac£ofhis  official  actions  and  report  the  same  to  the  board  of 


Sanitary  Ordinances.  353 

health  at  its  next  meeting.     And  whenever  in  hisTono^y 
judgments  danger  to  public  health  shall  arise  requir-  ^if^° 
ing  special  regulation  not  of  general  application,  he^- 
shall  forthwith  notify  the  president  of  the  board  of 
health,  who  shall  thereupon  convene  the  board  to 
take  such  action  as  may  be  necessary  and  proper. 

§  24.    The  word  -cattle"  when  occurring  in  any  Definition, 
section  or  phrase  of  these  ordinances  shall  be  held  to 
include  all  animals  except  birds,  fowl  and  fish,  of 
which  the  body  or  any  part  thereof  is  used  for  food 
The  word  -butcher"  shall  be  held  to  include  whoever 
is  engaged  in  the  business  of  keeping,  driving  or 
slaughtering  any  cattle  or  in  selling  any  meat.  When- 
ever and  wherever,  in  any  section  or  phrase  of  these 
ordinances  there  shall  occur  the  words  "street" 
or  -streets,"  -public  place"  or  -  public  places," 
-ashes,"  -rubbish,"   -garbage"  or  -  dirt,"  the 
the  same  shall  be  held  to  mean  and  shall  be' inter- 
preted as  follows:    -Street"  or  -streets"  shall  be 
held  to  include  avenues,  sidewalks,  gutters,  lanes  and 
alleys  to  which  the  public  have  access ;  -public  place" 
or -public  places"  shall  be  held  to  include  parks, 
piers,  docks,  wharves  and  water  and  open  spaces 
thereto  adjacent,  and  also  public  yards,  grounds  and 
areas,  and  all  open  spaces  between  buildings  and 
streets  and  in  view  of  such  streets;  -ashes"  shall  be 
held  to  include  cinders,  coal,  dump  from  cupolas  and 
everything  that  usually  remains  after  tires ;  -rubbish" 
shall  be  held  to  include  all  the  loose  and  decayed 
materials   and  dirt-like   substances  that  attend  use 
or  decay,  or  which  accumulates  from  building,  storing 
and  cleaning;  "garbage"  shall  be  held  to  include 
every  accumulation  of   both  animal  and  vegetable 
matter,  liquid  or  otherwise,  that  attends  the  prepara- 
tion, decay,  dealing  in,  or  storage  of,  meats,  fish 
fowls,  birds  or  vegetables;  and  the  word  -dirt"  shall 
be  held  to  mean  natural  soil,  earth  and  stone. 


354  Laws  of  the  City  or  Cohoes. 

punishment    §  25.  Every  person  who  wilfully  violates  or  refuses 


for  viola- 
tion of  or- 
dinances 


:-  to  comply  with,  or  who  resists  any  ordinance,  order, 
regulation  or  resolution  ol  the  board  of  health  of  this' 
municipality  shall  be  liable  to  the  arrest,  action, 
penalty,  fine  and  punishment  provided  and  declared 
in  the  Public  Health  Law,  Chapter  25  of  the  General 
Laws,  1893,  of  which  notice  must  be  taken;  but  such 
penalty  or  fine  shall  not  exceed  in  any  instance  the 
amount  specified,  if  any,  in  this  ordinance. 

privies         §  26.  No  owner,  lessee,  occupant  or  agent  of  any 
^'etcT  building  or  premises  shall  maintain  within  the  city 
reet^f dLs  any  privy,  privy  vault  or  cesspool  made  or  built  in  the 
dow^p'o-  earth  within  twenty-five  feet  of  any  door  or  window 
of  any  residence  upon  such  premises,  or  any  resi- 
dence upon  the  adjoining  premises,  and  such  mainte- 
nance of  any  privy,  privy  vault  or  cesspool  is  hereby 
declared  to  be  a  nuisance  and  conditioned  detrimental 
Removaiof to  nfe  and  health.     And  any  or  all  privies,  privy 
Shgw  vaults  and  cesspools  existing  within  the  city  shall  be 
removed  or  filled  up  by  the  owner,  lessee,  occupant, 
agent  or  other  person  having  charge  or  control  of  the 
premises  on  which  they  exist,  whenever  the  same  be- 
comes a  nuisance  and  condition  detrimental  to  life  and 
health,  by  rendering  the  soil,  air  or  water  impure, 
injurious,  unwholesome,  or  they  constitute  a  condition 
Future      of  any  ^faft  detrimental  to  life  and  health.    But  no 

erection  ot,  «/  • 

on  streets   person  shal]  hereafter  erect  or  construct  any  privy, 

helving  scw~  \^  ^        -j  j -l 

p/ohibited.  privy  vault  or  cesspool  made  or  built  m  the  eartn 
upon  any  lot  or  parcel  of  ground  within  the  city, 
adjoining  any  street  or  alley  where  a  public  or  main 
sewer  exists,  with  which  connections  can  be  made  by 
means  of  any  drain  pipes  laid  in  or  from  any  such  lot 
or  piece  of  ground.  Violation  of  any  of  the  provi- 
sions of  this  order  and  regulation  will  subject  the 
offending  party  to  a  penalty  of  fifty  dollars  for  each 
offense. 


Sanitary  Ordinances. 


355 


All  ordinances,  orders,  regulations  or  resolutions  or 
parts  thereof  inconsistent  with  and  repugnant  to  this 
order  and  regulation  are  hereby  repealed. 

§  27.  No  water  closet  shall  be  placed  or  maintained  ventilation 

required  in 

in  an  nnventilated  room  or  compartment.  In  every  ™ater  clos- 
case  the  room  or  compartment  must  open  to  the  outer 
air  or  be  ventilated  by  means  of  a  shaft  or  air-duct, 
which  shaft  must  not  also  be  used  to  ventilate  habita- 
ble rooms.  This  ventilating  shaft  must  have  an  area 
of  not  less  than  one  and  a  half  square  feet  in  cross 
section. 

In  tenement  houses  not  less  than  one  water  closet  water 
must  be  provided  for  each  two  families.     All  Water  number  in 
closets    within   the  house  must  be  supplied  with tenement& 
water  from  special  tanks  or  cisterns,  the  water  of 
which  is  not  used  for  any  other  purpose.  Violations 
of  any  provisions  of  this  order  and  regulation  will 
subject  the  offending  party  to  a  penalty  of  twenty- 
live  dollars  for  each  offense. 

§  28.  Every  person  who  violates,  refuses  or  omits  Penalty  for 
to  comply  with,  or  who  resists,  any  ordinance,  order,  SdkSSe? 
regulation  or  resolution  of  the  board  of  health  of  this  ^'^Siy 

...  prescribed. 

city,  where  no  other  penalty  is  prescribed,  shall  be 
liable  to  a  penalty  of  twenty-five  dollars. 

(The  last  three  sections  adopted  August  7, 1895,  and 
published  in  The  Cohoes  Republican,  August  15, 
1895.) 


§  29.  Each  and  every  owner,  tenant,  lessee  and  Separate 

«         t  -i  boxes,  bar- 

OCCUpant  ot  each  and  every  building  used  or  occupied  frors'ashes 
as  a  place  of  residence  or  as  a  place  of  business,  or  any  £ilkFre- 
part  thereof,  in  the  city  of  Cohoes,  must  forthwith  f^rbage 
provide  and  cause  to  be  provided  and  at  all  times  here- 
after must  keep  and  cause  to  be  kept  and  provided  sepa- 
rate suitable,  proper  and  sufficient  boxes,  barrels  or  tubs 
for  all  ashes  and  rubbish  of  whatsoever  kind,  and  also 
and  in  addition  thereto  must  provide  and  cause  to  be 


356  Laws  of  the  City  of  Cohoes. 

provided  and  at  all  times  hereafter  must  keep  and 
cause  to  be  kept  and  provided  separate  suitable 
proper  and  sufficient  metallic  receptacle  with  cover 
for  all  garbage,  refuse,  vegetable,  animal  matter  and 
liquid  substances  of  whatsoever  kind. 

No  such  owner,  tenant,  lessee  or  occupant  of  any 
such  building  shall  hereafter  place  in  or  cause  to  be 
placed  in  or  permit  or  retain  in  the  same  box,  barrel 
or  tub,  any  ashes  or  rubbish  of  any  kind  whatsoever 
with  any  garbage,  refuse,  vegetable  or  animal  matter 
or  liquid  substances  of  any  kind  whatsoever. 

penalty  for    Violation  of  any  of  the  provisions  of  this  order  and 
violations.  regulation  win  subject  the  offending  party  to  a  pen- 
alty of  five  dollars  for  each  offense. 

Repeal.  All  ordinances,  orders  or  resolutions  or  parts  there- 
of inconsistent  with  and  repugnant  to  this  order  and 
regulation  are  hereby  repealed. 

Publication  And  be  it  further  resolved  that  this  order  and  regu- 
lation be  published  once  in  The  Cohoes  Republican. 

(Adopted  May  17,  1899,  and  published  in  The  Co- 
hoes Republican,  June  7,  1899.) 


RULES,  ORDERS  AND  REGULATIONS 

OF  THE 

BOARD  OF 
POLICE  COMMISSIONERS 

OF  THE 

CITY  OF  COHOES.* 

KTJLES  AND  OEDERS. 

Rule  1.  Upon  the  appearance  of  a  quorum,  the 
president,  or  in  his  absence,  any  member  of  the  board, 
will  call  the  meeting  to  order,  and,  if  the  president  be 
absent,  a  president  pro  tern,  shall  be  appointed  for  that 
meeting,  or  until  the  appearance  of  the  president.  In 
the  absence  of  the  secretary,  a  secretary  pro  tern,  may 
be  appointed. 

II.  After  the  reading  and  approving  of  the  minutes 
of  the  last  meeting,  the  order  of  business,  which  shall 
not  be  departed  from,  except  by  the  consent  of  a 
majority  of  the  board,  shall  be  as  follows : 

1st.  Papers,  reports,  and  other  matters  in  the  hands 
of  the  president ; 

2d.  Papers,  reports,  etc.,  in  the  hands  of  other 
members  of  the  board ; 

3d.  Reports  from  the  executive  departments ; 

4th.  Unfinished  business ; 

5th.  Special  orders  of  the  day. 

*Note. — No  new  or  revised  rules  governing  the  procedure  of  the  common  council 
have  been  lately  adopted  ;  and  the  original  rules  have  been  amended  in  particulars  and 
instances  so  numerous,  that  it  was  not  deemed  advisable,by  the  compiler,to  include  such 
rules,  in  their  present  shape,  in  this  compilation,  nor,  by  the  members  of  the  common 
council,  to  adopt  any  revision  thereof  until  the  next  re-organization  of  that  body  upon 
the  taking  of  office  by  the  newly  elected  members. 

Proposed  new  rules  and  regulations  of  the  board  of  education  are  included  in  the 
manual  of  that  board  now  in  course  of  preparation,  by  the  superintendent  of  schools, 

357 


Laws  of  the  City  of  Cohoes. 

III.  Whenever  the  president  may  wish  to  leave  the 
chair,  he  shall  have  power  to  substitute  a  member  in 
his  place,  provided  that  the  substitution  shall  not 
continue  beyond  the  day  on  which  it  is  made. 

IV.  The  president,  in  all  cases  has  the  right  of  vot- 
ing, and  when  the  board  shall  be  equally  divided, 
including  his  vote,  the  question  shall  be  lost. 

V.  The  president  shall  preserve  order  and  decorum, 
and  shall  decide  all  questions  of  order,  and  of  priority 
of  business,  except  as  hereinbefore  specified,  subject 
to  an  appeal  to  the  board. 

VI.  Selection  of  officers  of  the  board  shall  be  by 
ballot,  and  a  majority  of  the  whole  number  present 
shall  be  necessary  to  a  choice. 

VII.  All  committees  shall  be  appointed  by  the 
president  unless  otherwise  ordered  by  the  board. 

VIII.  Committees  shall  report  to  the  board  the  facts 
in  relation  to  all  subjects  referred,  with  their  written 
opinion  thereon,  and  shall  accompany  their  report  by 
all  papers  relative  to  the  matter.  No  report  shall  be 
received  except  the  same  be  signed  by  a  majority  of 
the  committee ;  but  nothing  contained  in  this  rule  shall 
prevent  a  minority  of  any  committee  from  submitting 
a  report.  No  report  shall  be  printed  except  by  reso- 
lution of  the  board,  specifying  the  number  of  copies. 

IX.  Whenever  the  doors  are  directed  to  be  closed, 
all  persons,  excepting  the  members,  shall  retire.  But 
the  board  may  invite  other  persons  to  remain. 

X.  Every  petition,  remonstrance,  or  other  written 
application,  intended  to  be  presented  to  the  board, 
may  be  delivered  to  any  member  of  the  board,  and  the 
member  to  whom  it  shall  be  given  shall  examine  the 
same,  endorse  thereon  the  name  of  the  applicant  or 
petitioner,  and  the  substance  of  such  application  or 
petition  and  sign  his  name  thereto,  which  endorsement 


Police  Regulations.  359 

only  shall  be  read  by  the  president,  unless  some  mem- 
ber shall  require  the  reading  of  the  whole  paper. 

XI.  The  president  shall  be,  ex-officio,  a  member  of 
all  committees. 


RULES  AND  REGULATIONS. 

1.  The  regular  meetings  of  the  board  of  police 
shall  be  held  on  the  first  and  third  Tuesdays  of 
each  month,  at  three  o'clock,  p.  m.  Such  other  meet- 
ings shall  be  held  as  the  president  of  the  board  may 
direct,  and  the  president  shall  call  a  special  meeting 
at  any  time  when  requested  to  do  so  in  a  written 
communication  signed  by  any  two  members  of  the 
board ;  but  all  meetings  of  the  board  shall  be  in  pri- 
vate, unless  a  majority  of  the  commissioners  shall 
otherwise  direct. 

2.  The  secretary  shall  record  the  proceedings  of  the 
board  in  a  book  kept  for  that  purpose,  and  the  ayes 
and  noes  shall  be  taken,  and  form  part  of  the  record 
of  its  proceedings  on  any  question,  if  requested  by 
any  member  of  the  board. 

3.  All  appointments  to  office  shall  be  signed  by  the 
president  and  countersigned  by  the  secretary.  Dis- 
missals from  office  shall  be  certified  in  like  manner 
when  necessary. 

4.  No  expenditures  shall  be  incurred  in  the  name  of 
the  board,  unless  authorized  by  the  same. 

5.  When  applications  are  to  be  discussed,  or  evi- 
dence upon  charges  is  to  be  considered,  the  board 
shall  have  private  meetings ;  but  immediately  there- 
after the  result  of  such  private  meetings  shall  be 
entered  upon  the  minutes  of  the  board,  and  made 
public  as  the  president  of  the  board  may  direct  or  the 
board  may  order. 


360  Laws  of  the  City  of  Cohoes. 

6.  Applications  for  appointments  shall  be  in  writing, 
entirely  written  and  signed  by  the  party  applying, 
and  according  to  the  rules  and  regulations  of  the 
board.  Charges  against  any  member  of  the  police 
force  must  be  in  writing,  and  sworn  or  affirmed  to. 
But  this  shall  not  apply  to  complaints  or  charges  by 
any  commissioner,  who  may  charge  simply  in  writing. 
All  such  charges  must  be  filed  with  the  secretary  of 
the  board. 

7.  When  charges  are  filed,  the  secretary  shall,  with- 
out delay,  notify  the  party,  who  may  send  to  the 
secretary  answers,  to  be  by  him  filed. 

8.  The  charges  may  be  voted  frivolous  by  a  majori- 
ty of  the  board,  upon  being  filed  and  exhibited  to  the 
board  without  any  examination  of  evidence  or  trial. 

9.  The  sentences  of  the  board  upon  charges  proved 
true,  will  be  in  writing,  duly  entered  upon  the  minutes. 

10.  Upon  trials,  no  witness  shall  be  examined  and 
cross-examined  together,  longer  than  one  hour;  nor 
shall  counsel,  if  allowed,  occupy  more  than  one-half 
hour  in  summing  up,  without  the  unanimous  vote  of 
the  members  of  the  board  present.  Objections  to 
testimony  shall  be  briefly  stated,  and  submitted  with- 
out argument. 

11.  The  president  of  the  board  shall  be  the  auditor, 
and  it  shall  be  his  duty  to  examine  into  the  correct- 
ness of  all  accounts  of  every  nature  and  description, 
which  have  been  or  are  about  to  be  paid. 

12.  Members  of  the  force  shall  report  their  place  of 
residence  to  the  captain,  with  such  particularity  as  to 
enable  such  residence  to  be  easily  found ;  and  also  to 
report  all  changes  of  residence,  with  the  same  degree 
of  particularity. 


WATER  RATES,  RULES  *P  REGULATIONS 

OF  THE 

BOARD  OF 
WATER  COMMISSIONERS 

OF  THE 

CITY  OF  COHOES. 


WATER  RATES, 

All  dwellings  and  buildings  to  be  charged  at  five 
dollars  each,  one  story  high,  and  fifty  cents  for  each 
additional  story  or  part  of  a  story,  said  house  or 
building  to  contain  one  family  only.  Two  dollars 
and  fifty  cents  will  be  charged  for  each  additional 
family  or  tenant  on  the  premises,  and  no  lot  shall  be 
estimated  at  less  than  twenty  feet  front ;  permits  for 
larger  supply  pipes  to  be  charged  in  the  same  propor- 
tion for  one-half  inch  pipes  as  a  basis  of  charges. 
Water  drawn  through  meters  shall  be  charged  six 
cents  for  one  hundred  cubic  feet,  except  when  special 
rates  are  made  by  the  board. 

All  knitting  mills  shall  be  charged  fifteen  dollars 
per  set  of  forty  inch  cards,  said  mills  to  be  allowed  to 
use  eighteen  thousand  cubic  feet  per  set  per  annum, 
and  all  water  used  in  excess  of  eighteen  thousand 
cubic  feet  per  set  to  be  charged  at  meter  rates. 

361 


362  Laws  of  the  City  of  Cohoes. 

All  cotton  mills  shall  be  charged  twelve  dollars  per 
one  thousand  spindles,  said  mills  to  be  allowed  four- 
teen thousand  five  hundred  cubic  feet  per  annum  for 
each  one  thousand  spindles,  and  all  water  used  in 
excess  of  fourteen  thousand  five  hundred  cubic  feet 
per  each  one  thousand  spindles  to  be  charged  at  meter 
rates. 

The  above  rates  for  both  knitting  and  cotton  mills 
to  cover  and  include  all  charges  for  boilers,  water 
closets  and  fire  risks  and  all  ordinary  use  of  water 
about  said  mills. 

Machine  shops  fifty  dollars  and  rolling  mills  ten 
dollars  for  each  fire  ;  each  bobbin  factory  ten  dollars  ; 
sash  and  blind  factory  twenty-five  dollars;  porter 
houses,  restaurants,  liquor  stores,  and  grocery  stores 
selling  liquors,  ten  dollars  each  in  addition  to  above 
rates ;  all  stores  three  dollars  each,  and  soap  factories 
twenty-five  dollars  each. 

Livery  stables,  per  stall  -  $    4  00 

Livery  stables,  by  meter  per  100  cubic  feet  08 
Private  stables,  each  stall    -  -  -         2  00 

Hotel  stables,  each  stall  -  -     1  00 

Bakeries,  using  one  barrel  or  over,  per  day  -  10  00 
Pavement  or  garden  hose,  not  over  three  hours 

per  day,  per  year,       -  -  3  00 

Bath  tubs,  private     -  -  -       2  00 

Bath  tubs,  public  -  5  00 

Water  closets,  private  3  00 

Water  closets,  public     -  -  5  00 

Urinals  -  -  -  -  -       2  00 

Fountains,  1-16  inch  jet,  $7.00 ;  1-8  inch  jet       28  00 

Over  1-8  inch  to  be  fixed  by  special  permission. 
D.  &  H.  railroad  depot  -     100  00 

New  York  Central  depot  35  00 

Meat  markets  -  .  -         5  00 

Fish  markets      -  -  6  00 

Printing  offices  10  00 


Rules,  etc.,  of  Water  Board.  363 


Iron  forges  and  axe  factories,  each  fire 

1 

00 

Blacksmith  shops 

-  3 

00 

Breweries  and  distilleries  by  meters. 

New  gas  works 

-  125 

00 

Post-office 

10 

00 

Buildings  used  for  offices,  each  room 

2 

00 

Steam  boilers,  not  exceeding  five  horse 

power  4 

00 

44       44  over  5,  not  exceeding  10  horse  power  6 

00 

u       <<     u  io,  4f         "  15 

44  8 

00 

44        44     44  15,  44         4  4  20 

44  10 

00 

44        "     44  20,  4  4         4  4  25 

15 

00 

4  4     4  4  25,  4  4         4  4  30 

20 

00 

For  every  dye  or  coloring  tub 

10 

00 

Laundries  by  meter. 

Water  used  in  brick  yards 

30 

00 

Vacant  lots 

50 

Paper  box  factories 

10 

00 

Johnston  foundry 

50 

00 

Billiard  rooms 

10 

00 

Photograph  galleries,  each  - 

10 

00 

Banks     -  - 

3 

00 

State  yard     -          -        •  -. 

50 

00 

Needle  shops  and  pin  factories,  each 

10 

00 

All  water  motors  at  meter  rates. 

Water  motors  used  for  running  fans,  meters  not 

attached,  each  fan 

2 

00 

\J\J 

Saloons,  including  water  fixtures 

12 

00 

Saloons,  without  water  fixtures 

10 

00 

Soda  fountains 

2 

00 

Work  shops 

3 

00 

Amusement  and  theatrical  halls 

-  10 

00 

Society  halls 

-  .  3 

00 

The  use  of  water  in  scouring  goods  and  washing 
wool  in  mills  is  hereby  prohibited,  except  in  those 
mills  that  have  water  meters  attached  to  their  pipes, 
and  such  other  special  cases  as  may  be  deemed  advisa- 
ble by  the  board  of  commissioners,  on  special  appli- 
cation to  the  board. 


Laws  of  the  City  of  Cohoes. 

All  public  or  other  uses  for  which  the  water  may 
be  wanted  and  for  which  no  water  rate  is  provided  by 
these  regulations,  can  be  had  on  special  application 
in  writing  to  the  board  of  water  commissioners, 
specifying  the  use  for  which  the  same  is  wanted. 

Lands  not  marked  out  or  of  larger  dimensions  than 
common  dwelling  lots,  each  25  feet  front  to  be  esti- 
mated and  deemed  as  one  lot. 


RULES  AISTD  REGULATIONS. 

1.  No  other  person  but  the  superintendent  of  the 
water  works,  or  person  employed  by  the  water  com- 
missioners or  employed  by  the  said  superintendent, 
will  be  permitted  to  tap  or  make  any  connections 
with  the  main  or  distribution  pipes ;  and  every  person 
who  shall  tap  or  make  any  connection  with  the  said 
water  pipes,  without  being  so  authorized  or  employed, 
shall  be  liable  to  a  penalty  of  ten  dollars. 

2.  For  the  granting  of  a  permit  to  connect  the  ser- 
vice or  supply  pipe,  there  must  be  paid  a  sufficient 
sum  to  pay  the  expense  of  the  pipe  and  all  fixtures 
connected  therewith,  and  laying  the  same  from  the 
main  in  the  street ;  and  the  persons  so  using  the  water 
must  keep  their  own  service  pipes,  stop  cocks  or  other 
apparatus  connected  therewith  in  good  repair,  and 
protected  from  frost,  and  shall  prevent  all  unneces- 
sary waste  of  water. 

3.  Owners  or  occupants  of  buildings,  wishing  to 
introduce  water  into  their  buildings,  may  employ  any 
plumber,  or  other  competent  person,  to  perform  the 
work,  who  shall  have  permission  from  said  water 
commissioners  so  to  do. 

4.  No  alteration  will  be  allowed  to  be  made  in  any 
pipe  or  fixtures,  unless  made  under  the  direction  of 
the  superintendent  of  the  water  works;  and  every 


Rules,  etc.,  of  Water  Boakd.  365 

person  violating  this  regulation  shall  be  liable  to  a 
penalty  of  ten  dollars,  and  to  have  the  supply  of 
water  shut  off  until  such  alteration  be  corrected  or 
made  conformable  to  the  directions  of  the  superin- 
tendent. 

5.  All  damages  caused  by  the  neglect  of  the  owners 
of  buildings  to  keep  the  connecting  or  supply  pipes, 
and  other  fixtures  connected  therewith,  in  good  order, 
must  by  law,  be  paid  for  by  them. 

6.  The  superintendent  of  the  water  works,  or  the 
water  commissioners,  or  either  of  them,  and  persons 
employed  by  said  commissioners,  for  the  purpose, 
shall,  at  all  reasonable  hours,  have  free  access  to 
buildings  supplied  with  water,  to  examine  the  pipes 
and  fixtures,  and  to  ascertain  whether  there  is  any 
unnecessary  waste  of  water,  and  every  person  obstruct- 
ing or  preventing  or  obstructing  such  access  shall  be 
liable  to  a  penalty  of  ten  dollars ;  and  if  such  preven- 
tion or  obstruction  be  caused  by  the  occupant  or 
owner  of  the  building,  or  with  his  assent,-  the  superin- 
tendent may  shut  off  the  supply  of  water  to  such 
building. 

7.  Occupants  of  buildings  assessed  for  annual  water 
rents  shall  be  allowed  to  use  in  and  about  their 
buildings  for  ordinary  use,  one  hundred  and  fifty  gal- 
lons of  w^ater  daily,  and  not  exceeding  that  quantity 
without  special  permit. 

8.  Where  there  is  any  obstruction  made  to  the 
superintendent  or  to  the  commissioners,  or  other  per- 
sons provided  in  §  6  above,  obtaining  access  to  any 
building,  or  where  there  is  unnecessary  waste  of 
water,  or  more  water  is  used  in  any  building  than  is 
allowed  by  these  regulations,  without  a  permit  there- 
for, the  occupants  of  the  building  shall  be  liable  to  a 
penalty  of  from  $2  to  $50,  to  be  fixed  by  the  com- 
missioners; and  the  superintendent,  in  his  discretion, 
or  on  the  direction  of  the  commissioners,  is  authorized 
to  shut  off  the  supply  of  water. 


366  Laws  of  the  City  of  Cohoes. 

9.  No  hydrant  or  street  washer  will  be  allowed  to 
connect  with  any  service  or  supply  pipe  in  any  street 
or  on  any  sidewalk,  except  by  written  permission  from 
the  commissioners. 

10.  Whenever  the  superintendent  shuts  off  the 
supply  of  water  pursuant  to  these  regulations,  he  may 
restore  the  same,  upon  the  offender  conforming  to  his 
directions  in  the  matter  and  paying  all  expenses  incur- 
red. When  any  person  shall  feel  aggrieved  by  the 
shutting  off  of  the  water,  or  for  any  other  cause  con- 
nected therewith  he  may  appeal  to  the  water  commis- 
sioners, who  shall  finally  determine  the  matter. 

11.  The  commissioners  shall  reserve  the  right  to 
change  the  rates  of  the  rents,  for  the  use  of  water, 
from  year  to  year ;  also  the  right  to  restrict  or  stop 
the  use  of  the  water  in  such  cases  as  may  be  deemed 
necessary  by  the  commissioners. 

12.  Persons  introducing  the  water  in  their  premises, 
must  so  open  the  trenches  for  the  pipe  and  deposit  the 
earth  taken  therefrom,  as  will  occasion  the  least  pub- 
lic inconvenience,  and  must  restore  the  paving,  flag- 
ging and  earth  to  as  good  a  condition  as  before  such 
excavation,  and  must  also  be  liable  for  all  damages 
resulting  therefrom. 

13.  All  rents  payable  semi-annually,  on  the  first 
day  of  May  and  November  in  each  year. 

14.  Every  person  whose  premises  shall  be  supplied 
with  water,  shall  prohibit  other  persons  from  procur- 
ing water  from  such  premises,  for  ordinary  supply, 
under  a  penalty  of  one  dollar  with  the  cost  of  prose- 
cution, for  each  day's  offence,  unless  a  written  permit 
from  the  superintendent,  or  from  water  commissioners 
shall  have  been  given  authorizing  the  same ;  and  any 
person  using  water  for  ordinary  purposes,  from  any 
premises  thus  supplied,  other  than  those  entited  to 
draw  or  use  it  under  the  regulations  of  this  board, 
shall  forfeit  and  pay  a  penalty  of  one  dollar  for  each 
offence,  and  cost  of  prosecution. 


RULES  AND  REGULATIONS 

OF  THE 

Board  of  Fire  Commissioners 

OF  THE 

CITY  OF  COHOES, 
FIRE  LIMITS  AND  ALARM  BOXES. 

RULES. 

Regular  meetings  of  the  board  of  fire  commissioners 
shall  be  held  on  the  first  Thursday  in  each  month  at  8 
o'clock  P.  M. 

Special  meetings  shall  be  called  by  the  president 
or  upon  the  written  application  of  three  members. 


OFFICERS,  EMPLOYEES  AND  MEMBERS. 
THE  CHIEF  ENGINEER, 

1.  The  chief  engineer  shall  have  the  sole  and  entire 
command  at  fires  and  alarms  of  fires,  over  all  members 
and  employees  of  the  fire  department,  and  all 
the  apparatus  and  appurtenances  belonging  to 
the  same  including  the  fire  alarm  telegraph ; 
and  shall  direct  all  measures  he  may  deem  proper 
for  the  extinguishment  of  fires,  protection  of 
property,  preservation  of  order  and  observance 
of  the  laws,  ordinances  and  regulations  respecting  fires. 
It  shall  be  the  duty  of  said  chief  engineer  to  examine 
the  condition  of  the  engines,  hose  carriages  and  all 
other  appurtenances,  including  the  fire  alarm  telegraph, 

367 


368  Laws  of  the  City  or  Cohoes. 

belonging  to  the  fire  department  and   used  for  the 
extinguishment  of    fires,  as  often  as  circumstances 
may  render  it  expedient,  and  cause  them  to  be  kept 
in  good  order,  properly  cleaned  and  ready  for  use, 
and  when  he  shall  consider  it  necessary  that  repairs  ' 
shall  be  made,  he  shall  report  the  same  to  the  board 
or  to  the  chairman  of  the  proper  committee.    He  shall 
cause  all  repairs  and  other  work  on  account  of  the  fire  de- 
partment to  be  done,  as  far  as  practicable  by  the 
employees  thereof.    If  from  any  cause  it  shall  become 
necessary  to  procure  and  order  any  supplies  or  repairs 
when  the  board  is  not  in  session,  and  the  expense  of 
which  at  any  one  time,  shall  not  exceed  twenty-five 
dollars,  the  chief  engineer  shall  have  power  to  procure 
the  same.    In  case  the  supplies  or  repairs  shall  exceed 
twenty-five  dollars  then  the  chief  engineer  shall  only 
secure  such  supplies  or  repairs  after  consultation  with 
the  chairman  of  the  respective  committees  and  upon 
their  order.  / He  shall  have  power  to  suspend  employ - 
rWior"o!isobedience  of  orders,  or  for  delinquency  in 
the  performance  of  their  duties ;  such  suspension  to 
continue  in  force  until  the  offending  party  or  parties 
j  shall  have  been  reported  to  the  board  and  their  cases 
have  been  passed  upon  by  the  board  at  their  next 
regular  meeting,  and  the  chief  engineer  shall  have 
power  to  fill  vacancies  until  the  next  regular  meeting 
|_^ofjbh^boar^ 

2.  After  every  fire  he  shall  prepare  a  report  to  the 
board  of  commissioners,  setting  forth  the  location  of 
the  fire ;  the  time  of  its  occurence ;  the  names  of  the 
occupants  of  the  buildings  and  the  owners  of  the 
property  destroyed ;  the  loss  and  insurance,  the  origin 
of  the  fire,  and  such  other  information  as  may  be 
valuable  or  interesting  as  a  matter  of  record. 

3.  It  shall  be  the  duty  of  the  chief  engineer  to  re- 
port to  the  board  of  commissioners,  volunteer  com- 
panies, officers,  members  or  employees,  if  any  there 


Rules,  etc.,  Fire  Commissioners.  369 

may  be,  delinquent  in  the  performance  of  the  duties 
assigned  them. 

4.  The  chief  shall,  from  time  to  time,  report  such 
rules  for  the  government  of  the  employees  as  he  may 
deem  necessary,  subject  to  the  approval  of  the  board 
of  commissioners. 

FIRE  MARSHAL. 

5.  The  chief  engineer  shall  be  fire  marshal  of 
said  city.  The  said  fire  marshal  shall  have  power  and 
it  shall  be  his  duty  as  often  as  once  in  every  six 
months,  to  visit,  enter  and  inspect  the  several  dwell- 
ings, buildings  and  outhouses  in  the  city,  at  reasonable 
hours  of  the  day,  to  ascertain  wdiether  such  buildings, 
dwellings  and  outhouses  are  safe  from  danger  or  fire, 
and  whether  the  roofs  thereof  are  provided  with  suffi- 
cient scuttles,  and  with  proper  stairs  or  ladders  leading 
thereto;  and  if  found  to  be  unsafe  or  without  scuttles 
and  ladders,  it  shall  be  the  duty  of  said  fire  marshal 
to  notify,  in  writing,  the  owners  or  occupants  of  such 
dwellings,  buildings  or  outhouses  of  any  defect 
and  danger;  and  immediately  after  such  notification 
it  shall  be  the  duty  of  the  owners  or  occupants  of  such 
dwellings,  buildings  or  outhouses  to  repair  the  same 
in  such  manner  as  to  remove  the  defect  complained 
of.  Any  person  refusing  to  allow  such  fire  marshal  to 
enter  or  inspect  any  such  dwelling,  building  or  out- 
house in  the  manner  aforesaid,  or  refusing  or  neglect- 
ing to  make  such  repairs  after  notice  given  as  afore- 
said, shall  for  each  and  every  offense  forfeit  and  pay 
to  the  city  of  Cohoes  a  penalty  of  fifty  dollars,  to  be 
recovered  with  costs  in  any  court  having  jurisdiction, 
in  an  action  brought  in  the  name  of  the  city  of  Cohoes. 
It  shall  also  be  the  duty  of  said  fire  marshal  to  report 
any  and  all  violations  of  the  provisions  of  this  and  the 
fifteenth  section  of  this  title,  to  the  city  attorney,  who 
shall  immediately  prosecute  the  offenders  in  any  court 
having  jurisdiction. 


370 


Laws  of  the  City  of  Cohoes. 


THE  ASSISTANT  ENGINEERS. 

6.  There  shall  be  two  assistant  engineers.  The 
assistant  engineers  shall  attend  all  fires  and  alarms, 
shall  assist  the  chief  and  shall .  assume  command 
according  to  their  respective  districts. 

7.  Any  officer,  employee  or  member  appearing  on 
duty  intoxicated  shall  be  suspended  and  may  be  rep- 
rimanded, fined  or  be  dismissed  from  the  service  of 
the  department,  as  the  board  of  fire  commissioners 
may  determine;  and  any  person  so  dismissed  shall 
not,  under  any  circumstances,  have  his  case  reopened 
or  again  become  a  member  of  the  department. 

8.  Any  officer,  employee  or  member  of  the  depart- 
ment, resigning,  dismissed  or  while  under  suspension, 
shall  forthwith  return  all  department  property  to 
headquarters. 

9.  No  employee  or  member  of  the  department  shall, 
while  on  duty  or  in  uniform,  be  permitted  to  enter 
any  place  where  liquors  are  sold. 

10.  Disorderly  conduct  or  disobedience  of  orders 
shall  be  punishable  by  dismissal  from  the  depart- 
ment, or  otherwise,  at  the  discretion  of  the  commis- 
sioners. 

RIDING  ON  THE  APPARATUS. 

11.  On  steamers,  in  addition  to  the  driver,  the  num- 
ber allowed  will  not  exceed  three  men  on  the  ash-pan. 
On  hose-reels  and  hose  wagons,  in  addition  to  the 
driver,  the  number  allowed  will  not  exceed  eight  with 
team  and  four  with  single  horse  beside  the  driver. 
On  hook  and  ladder  trucks,  in  addition  to  the  driver 
and  tillerman,  the  number  allowed  will  not  exceed 
eight.  None  but  members  of  the  department  shall  be 
allowed  to  ride  on  the  apparatus,  and  on  rising  ground 
and  bad  going  they  shall  be  required  to  dismount. 
The  foreman  of  companies,  drivers  and  engineers  of 
apparatus  are  especially  charged  to  see  that  this  rule 
is  strictly  observed. 


Rules,  etc.,  Fire  Commissioners, 
smoking  about  the  stables. 

12.  Smoking  in  or  about  the  stables  is  positively 
prohibited.  Drivers  will  see  that  this  rule  is  strictly 
observed. 

HOUSES  TO  BE  CLOSED  ON  SUNDAY. 

13.  The  steamer  and  truck  houses  shall  be  closed 
on  Sunday,  and  it  is  made  the  duty  of  foremen  of 
companies  and  engineers  of  steamers,  to  see  that  order 
and  quiet  are  preserved. 

14.  All  employees  shall  take  their  share  of  the 
watch  and  perform  such  other  duties  as  the  chief 
engineer  may  direct. 

15.  When  it  shall  be  brought  to  the  attention  of 
the  board  of  fire  commissioners  that  any  employee 
refuses  to  pay  his  debts,  the  board  may  investigate  and 
take  such  action  as  the  case  may  seem  to  demand. 

DUTIES  OF  CALL  MEMBERS. 

16.  The  call  members  of  the  department  shall,  upon 
a.  fire  alarm  being  sounded  proceed  promptly  to  the 
fire.  They  shall  remain  on  duty  until  relieved  by 
orders  to  return,  when  they  shall  repair  to  headquar- 
ters when  they  shall  be  dismissed  by  the  chief  engi- 
neer. They  shall  obey  all  orders  of  the  chief  engineer 
or  the  assistant  engineers,  and  the  foremen  of  compa- 
nies, and  not  absent  themselves  without  permission. 
They  shall  conduct  themselves  in  an  orderly  manner, 
and  in  performing  any  duty  shall  observe  the  rules 
and  regulations  of  the  department  and  the  laws  and 
ordinances  of  the  city. 

ALARMS  FOR  FIRES — FIRST  ALARM. 

17.  All  companies  designated  to  box  sounded  will 
respond  at  once.  All  other  companies  will  report  at 
their  respective  houses  for  duty  and  stay  fifteen  min- 
utes. Should  another  alarm  be  sounded  they  shall 
respond  at  once  whether  the  box  is  in  their  district 
or  not. 


Laws  of  the  City  of  Cohoes. 


STEAMER  CALL. 

18.  Call  lor  another  steamer  shall  be  9  strokes  on 
fire  alarm  bells  and  gongs,  viz.  :  3-3-3. 

GENERAL  ALARMS. 

19.  Will  consist  of  18  strokes,  viz:  6-6-6  upon  fire 
alarm  bells  and  gongs,  and  upon  receipt  of  this  signal 
all  companies  will  immediately  respond. 

20.  After  each  fire  is  extinguished  one  tap  will  be 
sounded  upon  fire  alarm  bells  and  gongs. 

21.  All  companies  will  see  that  indicators  are  re- 
stored to  blank  spaces  by  carefully  pulling  down  the 
lever  immediately  after  each  alarm  is  finished. 

22.  At  8  p.  M.  of  each  day  two  taps  will  sound  on 
fire  alarm  bells  and  gongs  for  practice  of  horses  and 
employees. 

DIRECTIONS  TO  THOSE  HOLDING  SIGNAL  KEYS. 

23.  If  a  fire  is  discovered  in  your  immediate  vicinity, 
go  to  the  nearest  box,  pull  the  lever  all  the  way  down 
once,  and  let  it  go,  and  ii  yon  hear  no  tap  in  the  box 
when  the  door  is  open,  or  alarm  from  the  bells,  go  to 
the  next  nearest  box  and  pull  the  lever  as  before. 

24.  If  convenient,  wait  at  the  box  and  direct  the 
firemen  to  the  fire,  and  never  attempt  to  take  the  key 
out  of  the  box  after  opening  the  door. 


Rules,  etc.,  Fire  Commissioners. 


373 


FIRE  LIMITS 

as  adopted  by  the  board  of  flre  commissioners, 

August  6,  1896. 

Starting  at  a  point  in  the  center  of  the  Erie  canal" 
where  the  center  line  of  Church  street  extended  would 
intersect  the  same ;  thence  easterly  in  a  direct  line 
with  the  center  of  Church  street  to  a  point  that  would 
intersect  the  eastern  boundary  of  the  city ;  thence 
along  said  eastern  boundary  line  to  a  point  where  the 
same  would  intersect  the  center  line  of  the  Champlain 
canal  extended  northerly  ;  thence  southerly  along 
said  line  of  the  center  line  of  the  Champlain  canal 
extended  north,  and  the  center  of  the  Champlain 
canal  to  a  point  where  the  north  boundary  line  of  the 
fourth  ward  crosses  said  canal ;  thence  Avesterly  along 
said  north  boundary  line  of  the  fourth  ward  and  the 
center  line  of  Columbia  street,  to  center  of  Lancaster 
street ;  thence  northerly  along  center  of  Lancaster 
street  to  the  center  of  White  street ;  thence  west  along 
the  center  of  White  street  to  center  of  Erie  canal ; 
thence  northerly  along  center  of  Erie  canal  to  center 
of  High  street ;  thence  westerly  along  center  of  High 
street  to  New  York  Central  railroad  company's  track  ; 
thence  northerly  and  westerly  along  said  track  line  to 
a  point  where  the  center  line  of  Morris  street  extended 
west  would  intersect  said  track  line ;  thence  easterly 
in  a  direct  line  with  the  center  of  Morris  street  to  the 
center  of  Erie  canal;  thence  northerly  along  the 
center  of  Erie  canal  to  place  of  beginning. 


374 


Laws  of  the  City  of  Cohoes. 


FIRE  ALARM  BOXES. 


No.  21.  Mohawk  and  Remsen  streets. 
'   23.  Mohawk  and  Yliet  streets. 

24.  Mohawk  and  School  streets. 

25.  Mohawk  street  and  Manor  avenue. 

26.  Reservoir  and  Division  streets. 

27.  Vliet  and  Garner  streets. 

31.  Yliet  and  Eagle  streets. 

32.  Summit  street  and  Johnston  avenue. 

34.  Vliet  and  Willow  streets. 

35.  Factory  and  Remsen  streets. 

36.  Olmstead  and  YanVechten  streets. 

37.  Elm  and  Bowery  streets. 

41.  Bowery  and  Columbia  streets. 

42.  Chestnut  street  and  Younglove  avenue. 

43.  Oriskany  and  White  streets. 

44.  N.  Y.  C.  depot. 

45.  Howard  and  Remsen  streets. 

46.  Ontario  and  Remsen  streets. 

51.  Mohawk  and  Columbia  streets. 

52.  Newark  and  Remsen  streets. 

53.  Congress  and  George  streets. 

54.  Central  ave.  and  Alexander  streets. 
56.  Spring  and  Saratoga  streets. 

61.  Opposite  510  Sonth  Saratoga  street. 

62.  Columbia  and  Lancaster  streets. 

63.  Saratoga  and  Ontario  streets. 

64.  Park  and  Jackson  avenues. 

65.  Bridge  avenue  and  Third  street. 


RULES  AND  REGULATIONS 

OF  THE 

BOARD  OF  HEALTH 

OF  THE 

CITY  OF  COHOES, 


MEETINGS, 

1.  The  regular  meetings  of  this  board  shall  be  held 
first  Wednesday  of  each  month  at  8  o'clock  p.  m., 
unless  otherwise  ordered.  A  majority  of  the  board 
shall  constitute  a  quorum. 

SPECIAL  MEETINGS. 

2.  Special  meetings  of  the  board  may  be  called  by 
the  president,  or,  in  his  absence,  by  the  chairman  pro 
tern,  upon  the  written  request  of  three  members  of 
the  board.  Notice  shall  be  sent  to  each  member  of 
the  board  to  attend  such  meetings,  and  a  written  or 
printed  notice  mailed  twenty-four  hours  before  the 
hour  stated  for  such  special  meetings  shall  be  deemed 
a  proper  and  sufficient  notice.  Such  notice  shall  state 
the  special  business  to  be  brought  before  the  board ; 
but  at  such  special  meetings  no  ordinance  or  regula- 
tion shall  be  made,  repealed  or  changed ;  no  officer, 
clerk  or  agent  shall  be  dismissed,  employed,  or  have 
his  term  extended,  or  his  compensation  diminished 
or  increased. 

375 


Laws  of  the  City  of  Cohoes. 

ELECTION  AND  APPOINTMENTS. 

3.  No  appointment  or  election  shall  be  made  of 
any  agent  or  officer  other  than  president  of  the  board 
until  after  a  report  upon  the  same  from  an  appro- 
priate committee,  except  upon  and  by  the  concurring 
vote  of  at  least  four  members  of  the  board. 

APPOINTMENTS. 

4.  No  appointment,  or  transfer  or  dismissal  of  any 
clerk,  secretary  or  subordinate  shall  be  made  except 
by  the  board. 

OFFICERS  TO  TAKE  OATHS. 

5.  All  officers  appointed  by  the  board  shall  take 
the  constitutional  oath  of  office. 

ORDER  OF  BUSINESS. 

6.  The  following  shall  be  the  order  of  business  at 
meetings  of  the  board,  unless  otherwise  ordered: 

1.  Reading  of  minutes. 

2.  Reports  from  standing  committees. 

3.  Reports  from  special  committees. 

4.  Communications  from  health  officer. 

5.  Communications  of  importance. 

6.  Resolutions  and  orders. 

7.  Unfinished  business. 

8.  New  business. 

RESOLUTIONS. 

7.  All  resolutions  shall  be  submitted  to  the  board 
in  writing. 

COMMITTEES. 

8.  The  standing  committees  shall  be  as  follows  : 

1.  Sanitary  committee. 

2.  Finance  committee. 

3.  Committee  on  law  and  ordinances. 

4.  Committee  on  inspection. 

5.  Committee  on  supplies. 


Rules,  etc.,  Health  Board. 


377 


To  the  sanitary  committee  shall  be  referred  all 
questions  pertaining  to  public  health  and  all  subjects 
requiring  medical  knowledge. 

To  the  finance  committee  shall  be  referred  all  ques- 
tions in  respect  to  expenses  and  salaries,  and  the  com- 
mittee shall  audit  all  bills  referred  to  them.  They 
shall  make  reports  at  the  first  regular  meeting  of  each 
month  the  balance  of  moneys  to  the  credit  of  the 
board. 

To  the  committee  on  law  and  ordinances  shall  be 
referred  all  matters  and  subjects  of  law  and  ordinance. 

It  shall  be  the  duty  of  the  committee  on  inspection 
to  oversee  this  department  of  the  board,  and  from 
time  to  time  report  any  changes  they  think  would 
promote  economy  or  efficiency  in  the  working  arrange- 
ments of  the  department.  It  shall  also  be  the  duty 
of  said  committee  to  report  any  case  of  remissness  in 
the  performance  of  his  duty  by  any  officer,  clerk  or 
subordinate  of  the  board,  or  any  case  where  they  think 
his  conduct  has  been  such  as  to  impair  his  usefulness. 

The  committee  on  supplies  shall  take  general  charge 
of  the  purchase  of  the  supplies  for  the  board ;  of  the 
procuring  of  printing  and  all  other  expenditures  not 
otherwise -provided  for  and  authorized  by  the  board. 
Their  approval  of  requisitions  and  other  expenditures 
shall  be  in  writing.  The  committee  shall  not  author- 
ize any  liability  or  expenditure  to  exceed  the  amount 
of  ten  dollars  without  the  previous  vote  of  the  board. 
They  shall  make  a  written  report  quarterly  to  the 
board  of  all  supplies  authorized  or  purchased,  and  of 
all  expenditures  authorized  "by  said  committee,  stat- 
ing the  kind,  amount,  price,  from  whom  obtained, 
and  the  items  of  said  expenditures. 

APPOINTMENT  OF  COMMITTEES. 

9.  Standing  and  special  committees  shall  (unless 
otherwise  ordered  by  the  board)  be  appointed  by  the 


378  Laws  of  the  City  of  Cohoes. 

president,  and  shall,  with  the  exception  of  the  com- 
mittee on  inspection,  each  consist  of  three  members. 

EXPENSES  TO  BE  AUTHORIZED. 

10.  No  expense  shall  be  incurred  by  any  officer  or 
employee  of  this  board  without  an  order  of  the  board 
(or  the  written  approval  of  a  majority  of  the  commit- 
tee on  supplies  as  provided  for  in  rule  8),  and  until 
the  same  has  been  entered  upon  the  books  of  the  sec- 
retary. 

OFFICE  HOURS. 

11.  The  health  officer  and  meat  or  other  inspectors 
shall  be  considered  as  always  on  duty. 

HEARINGS  AND  COMPLAINTS. 

12.  Complaints  concerning  matters  affecting  public 
health  or  the  safety  of  life  must  be  made  to  the  board 
in  writing  or  by  personal  appearance  before  the  board. 
All  written  communications  must  be  signed  by  the 
party  or  parties  making  the  complaint.  This  board 
will  not  consider  itself  under  obligation  to  entertain 
complaints  contained  in  anonymous  communications. 

SUSPENSION  OF  ORDERS. 

13.  The  president,  or  in  his  absence  the  chairman 
pro  tern,  of  the  board,  shall  have  power  to  suspend 
the  execution  of  any  order,  but  the  suspension  of  any 
order  shall  extend  only  to  the  next  meeting  of  the 
board,  when  every  suspension  since  the  last  meeting 
shall  be  by  him  reported  to  the  board  and  entered  on 
its  minutes.  No  suspension  shall  be  of  any  effect 
unless  the  same  be  in  writing  upon  the  order  sus- 
pended, and  a  note  of  such  suspension  shall  be 
entered  at  the  same  time  upon  the  record  of  such 
order  in  the  books  of  the  board. 

DUTIES  OF  HEALTH  OFFICER. 

14.  The  health  officer  of  this  board  shall  have  gen- 
eral superintendence  over  sanitary  and  such  other 
matters  as  shall  from  time  to  time  be  assigned  him 


Rules,  etc.,  Health  Board. 


379 


by  this  board.  All  complaints  not  requiring  the 
immediate  action  of  the  board  shall  be  referred  to  him 
for  investigation,  and  he  shall  report  upon  the  same 
to  this  board.  He  shall  communicate  to  the  board 
any  facts  coming  to  his  knowledge  showing  any 
delinquency  or  omission  in  the  discharge  of  duty  on 
the  part  of  any  officer,  employee  or  agent,  subordinate 
to  him,  during  the  interim  of  the  meeting  of  the 
board,  and  in  all  cases  of  emergency  he  shall  act  as 
his  best  judgment  shall  dictate,  and  report  at  the  next 
meeting. 

DUTIES  OF  INSPECTORS. 

15.  Meat  or  other  inspectors  will  be  held  to  a  strict 
accountability.  They  will  be  subject  to  the  imme- 
diate control  of  the  health  officer,  to  whom  they 
will  report  weekly,  they  will  obey  orders  with 
jjromptness,  and  when  necessary  relinquish  the  de- 
mands of  private  business  in  order  the  better  to 
observe  the  obligations  imposed  upon  them  by  their 
office.  Any  gross  delinquency  on  the  part  of  in- 
spectors will  justify  the  health  officer  in  suspending 
them  from  duty  until  action  is  taken  by  the  board, 
when  the  delinquent  may  be  censured  or  dismissed. 
They  shall  make  reports  and  the  forms  furnished 
them  must  be  filled  up  legibly  and  minutely,  and 
any  information  added  that  will  throw  light  on  the 
subject  under  investigation.  They  shall  wear  a 
badge  of  office,  prominently  displayed,  when  engaged 
in  their  official  duties.  Upon  entering  any  house  or 
premises  they  must  announce  their  authority  and  the 
object  of  their  visit,  and,  while  endeavoring  to  avoid 
giving  offense,  must  make  their  investigations  with 
care  and  minuteness.  When  in  the  discharge  of  their 
duty  they  meet  with  resistance  they  are  to  report  at 
once  the  fact  to  the  health  officer  and  await  instruc- 
tions. It  shall  also  be  their  duty  to  report  all  who 
violate  health  laws. 


380 


Laws  of  the  City  of  Cohoes. 


RECORDS  TO  BE  OPEN. 

16.  All  books  of  complaints,  orders,  registration  of 
vital  statistics  and  records  of  law  and  ordinances  shall 
be.  open  for  public  inspection  daily  during  such  hours 
as  the  board  may  determine. 

DUTIES  OF  SECRETARY. 

17.  The  secretary  shall  be  subordinate  to  the  board 
and  his  duties  shall  be  clerical.  He  shall  keep  the 
books  of  minutes  in  which  are  recorded  the  minutes 
and  proceedings  of  the  board,  the  books  of  orders  and 
the  books  of  complaints.  He  shall  perform  such 
other  duties  as  the  board  may  require  of  him.  He 
shall  report  to  and  receive  instructions  from  the 
board. 

BURIAL  PERMITS. 

18.  Burial  permits  and  all  permits  for  the  removal 
of  the  body  of  any  deceased  person  from  the  city  of 
Cohoes,  and  all  permits  of  the  disinterment  of  the 
remains  of  deceased  persons  in  the  city  of  Cohoes 
shall  be  granted  and  signed  by  the  health  officer. 

AMENDMENTS. 

19.  These  regulations  shall  not  be  altered  nor  shall 
any  of  them  be  repealed,  nor  shall  any  new  regulation 
be  made,  unless  pursuant  to  a  notice  of  a  motion  for  a 
new  regulation,  or  to  alter  or  repeal,  entered  on  the 
minutes  of  some  prior  regular  meeting,  or  by  a  con- 
curring vote  of  at  least  five  members  of  the  board. 


RULES  AND  REGULATIONS 

TO  GOVERN 

PLUMBERS  AND  PLUMBING 

IN  THE 

CITY  OF  COHOES. 


Cohoes,  N.  Y.,  August  5,  1896. 
At  a  joint  meeting  of  the  board  of  health  and  the 
examining  and  supervising  board  of  plumbers  and 
plumbing,  it  was,  by  commissioner  Bottum : 

Resolved,  That  the  following  rules  and  regulations 
for  the  registration  of  plumbers  and  relating  to  plans 
and  specifications  for  plumbing  and  drainage  in  the 
city  of  Cohoes,  be  and  they  hereby  are  adopted  by 
said  joint  boards  by  virtue  and  in  pursuance  of  the 
authority  and  power  conferred  upon  said  joint  boards 
by  chapter  six  hundred  and  two  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  entitled,  "An  act  to 
secure  the  registration  of  plumbers  and  the  super- 
vision of  plumbing  and  drainage  in  the  cities  and  state 
of  New  York,"  as  amended  by  chapter  sixty -six  of 
the  laws  of  eighteen  hundred  and  ninety-three. 

Rule  1.  Every  person  desiring  or  intending  to  con- 
duct the  trade,  business  or  calling  of  a  plumber  or  of 
plumbing  in  the  city  of  Cohoes  as  employing  or  mas- 
ter plumber  shall  be  required  to  submit  to  an  exam- 
ination before  such  board  of  examiners  as  to  his 
experience  and  qualifications  in  such  trade,  business 

381 


Laws  of  the  City  of  Cohoes. 

or  calling;  and  after  the  first  day  of  January,  eigh- 
teen hundred  and  ninety-fiVe,  it  shall  not  be  lawful  in 
said  city  for  any  person  to  conduct  such  trade, 
business  or  calling  unless  he  shall  have  first  obtained 
a  certificate  of  competency  from  said  board. 

PERSONAL  REGISTRATION. 

Rule  2.  After  passing  such  examination  he  shall 
be  required  to  appear  in  person  at  the  office  of  the 
board  of  health  and  register  his  name  and  address 
with  the  clerk  of  said  board. 

PLANS  AND  SPECIFICATIONS. 

Rule  3.  The  plumbing  and  drainage  of  all  build- 
ings, public  and  private,  shall  be  executed  in  accord- 
ance with  plans  and  specifications  previously  approved 
in  writing  by  the  board  of  health ;  and  that  suitable 
drawings  and  descriptions  of  the  said  plumbing  and 
drainage  shall  in  each  case  be  submitted  and  placed 
on  file  in  the  health  department.    Blank  abstracts  of 
the  specifications  for  plumbing  and  drainage  will  be 
furnished  to  architects  and  others  upon  application  at 
the  board  of  health  office.    As  the  law  requires  that 
the  plumbing  and  drainage  be  executed  according  to 
a  plan  approved  by  the  board  of  health,  no  part  of 
the  work  shall  be  covered  or  concealed  in  any  way 
until  after  it  has  been  examined  by  an  inspector  of 
plumbing  of  the  board  of  health,  and  notice  must  be 
sent  to  the  board  when  thework  is  sufficiently  advanced 
for  such  inspection.    After  a  plan  has  been  approved 
no  alteration  of  the  same  shall  be  allowed  ,  except 
on  the  written  application  of  the  owner. 

MATERIALS. 

Rule  4.  All  materials  must  be  of  good  quality  and 
free  from  defects ;  the  work  must  be  executed  in  a 
thorough  and  workmanlike  manner. 

PIPES  AND  TRAPS  EXPOSED. 

Rule  5.  The  drain,  soil  and  waste  pipes  and  the 
traps  must,  if  practicable,  be  exposed  to  view  for 


Rules  etc.,  Plumbers  and  Plumbing.  383 

ready  inspection  at  all  times  and  for  convenience  in 
repairing.  When  necessarily  placed  within  partitions 
or  in  recesses  of  walls,  soil  and  waste  pipes  must  be 
covered  with  wood  work  so  fastened  as  to  be  readily 
removed.  In  no  case  shall  they  be  absolutely  inacces- 
sible unless  by  special  permission  of  the  board  of 
health. 

WATER  CLOSETS  IN  HOUSES. 

Rule  6.  Water  closets  must  never  be  placed  in  an 
unventilated  room  or  compartment. 

In  every  case  the  compartment  must  open  to  the 
outer  air  or  be  ventilated  by  means  of  a  shaft  or  air- 
duct,  which  shaft  must  not  be  used  to  ventilate  habit- 
able rooms,  unless  the  same  be  at  least  ten  square  feet 
in  cross-section.  This  ventilating  shaft  must  have  an 
area  of  not  less  than  one  and  a  half  square  feet  in 
cross-section,  and  it  is  recommended  that  the  area  of 
cross-section  be  at  least  three  square  feet. 

In  tenement  houses  not  less  than  one  water  closet 
must  be  provided  for  each  two  families. 

All  tank  water  closets  within  the  house  must  be 
supplied  with  water  from  special  tanks  or  cisterns, 
the  water  of  which  is  not  used  for  any  other  purposes. 

separate  sewer  connections. 

Rule  7.  Where  there  is  a  sewer  in  the  street,  every 
house  or  building  must  be  separately  and  independ- 
ently connected  with  said  sewer,  unless,  in  special 
cases,  exception  is  made  by  the  board  of  health. 

house  drains. 

Rule  8.  The  house  drain  must  be  of  iron  pipe  of 
good  material,  with  a  fall  of  at  least  one-eighth  inch 
to  the  foot  toward  the  street  sewer. 

It  must  be  laid  in  a  trench  cut  at  uniform  grade, 
provided  with  necessary  hand-holes  unless  this  is 
impossible,  in  which  case  it  must  be  hung  on  the 


384 


Laws  of  the  City  of  Cohoes. 

cellar  wall  or  ceiling  with  iron  hold-fasts,  and  be  of 
cast  iron,  with  joints  well  caulked  with  hemp  and 
lead  packing,  to  be  made  in  one  pouring  of  the  metal. 

It  must  be  laid  in  a  straight  line  if  possible.  All 
changes  in  direction  must  be  made  with  curved 
pipes,  and  all  connections  with  Y-branch  pipes. 

No  house  drain  or  house  sewer  shall  be  put  in  and 
covered  until  after  it  has  been  examined  and  approved 
by  an  inspector  of  this  department. 

The  iron  house  drain  shall  extend  not  less  than  five 
feet  outside  of  foundation  wall. 

TRAPS. 

Rule  9.  A  trap  must  be  placed  on  the  house  drain 
near  the  cellar  wall,  and  when  placed  outside  of  wall, 
must  be  in  a  man-hole  where  it  will  be  readily  access- 
ible. This  trap  must  be  furnished  with  a  hand-hole 
for  convenience  in  cleaning,  the  cover  of  which  must 
be  properly  fitted  and  made  gas  and  air  tight.  There 
must  be  an  inlet  for  fresh  air  entering  the  dram 
just  inside  the  trap  of  at  least  four  inches  in  diameter, 
leading  to  the  outer  air  and  provided  with  a  suitable 
ventilating  cap. 

VENTILATORS. 

Rule.  10.  No  brick,  sheet  metal,  galvanized  iron, 
earthenware  or  chimney  flue  shall  be  used  as  a  sewer 
ventilator,  nor  used  to  ventilate  any  trap,  drain,  soil 
or  waste  pipe. 

QUALITY  AND  SIZE  OF  PIPE. 

Rule.  11.  Every  soil  pipe  and  main  waste  pipe 
must  be  of  iron ;  it  must  be  extended  at  least  two  feet 
above  the  roof  and  above  the  coping,  of  undiminished 
size,  with  open  end.  It  must  not  open  near  a  window, 
nor  an  air-shaft  which  ventilates  living  rooms. 

The  minimum  diameter  of  soil  pipe  that  will  be 
permitted  is  four  inches.    A  vertical  waste  pipe  into 


Rules,  etc.,  Plumbers  and  Plumbing. 

which  a  line  of  two  or  more  sinks  discharge  must  be 
at  least  two  inches  in  diameter,  with  one  inch  and  a 
half  or  inch  and  a  quarter  branches. 

Where  lead  pipe  is  used  to  connect  fixtures  with 
vertical  soil  or  waste  pipes,  or  to  connect  traps  with 
vertical  vent  pipes,  it  must  not  be  lighter  than  D  pipe. 

All  cast  iron  pipes  must  be  sound,  free  from  holes 
or  cracks,  and  be  of  the  grade  known  in  commerce 
as  extra  heavy.  The  following  weight  per  lineal  foot 
for  such  extra  heavy  pipe  will  be  accepted  as  standard. 

2  inches.  .....  .....    5£  pounds. 

3  "   9i 

4  "  ..............  13 

5  "   17  " 

6  "   20 

7  "  .27 

8  "  .............  33* 

10      "   45  " 

12      "   54  " 

FITTINGS. 

Rule  12.  All  fittings  used  in  connection  with  extra 
heavy  cast  iron  pipes  must  correspond  with  it  in  every 
respect  in  weight  and  quality. 

MANNER  OF  PUTTING  IN  PIPE. 

Rule  13.  Before  they  are  connected  they  must  be 
thoroughly  coated  inside  and  outside  with  coal-tar 
pitch,  applied  hot,  or  some  other  equivalent  substance. 

The  plumbing  must  be  tested  with  the  water  and 
smoke  test  by  the  plumber  in  the  presence  of  the 
plumbing  inspector,  and  all  defective  joints  made  tight 
and  other  openings  made  impermeable  to  gases.  De- 
fective pipe  discovered  must  be  removed  and  replaced 
by  sound  pipe.  Stop-cocks  shall  be  placed  at  the 
foot  of  the  vertical  soil  or  waste  pipes  for  the  conven- 
ience of  the  plumbing  inspector. 


Laws  of  the  City  of  Coiioes. 
All  joints  in  the  iron  drain  pipes,  soil  pipes  and  waste 
pipes  must  be  so  caulked  witli  oakum  and  lead  as  to 
make  them  impermeable  to  gas. 

CONNECTIONS  WITH  LATERAL. 

Rule  14.  When  tile  is  used  from  the  house  drain 
to  the  sewer  lateral  it  must  be  laid  in  a  trench  cut  to 
a  uniform  grade  and  the  soil  well  rammed  to  prevent 
settling.  The  hub  end  shall  be  laid  up  hill  and  the 
space  between  each  hub  and  the  small  end  of  each 
section  of  pipe  be  completely  filled  with  the  best 
quality  ol  hydraulic  cement.  A  scraper  or  wiper 
must  be  applied  to  each  joint  after  the  cement  is  used, 
and  before  the  next  section  is  laid,  to  remove  any 
.  cement  that  may  have  been  forced  into  the  pipe. 

CONNECTIONS  OF  LEAD  WITH  IRON  PIPE. 

Rule  15.  All  connections  of  lead  with  iron  pipes 
must  be  made  with  a  brass  or  lead  ferrule  of  the  same 
size  as  the  lead  pipe,  put  in  the  hub  of  the  branch  of 
the  iron  pipe  and  caulked  with  lead.  The  lead  pipe 
must  be  attached  to  the  ferrule  with  a  wiped  joint, 

CONNECTIONS  TO  IRON  PIPE. 

Rule.  16.  No  lead  pipe  shall  be  wiped  or  soldered 
to  cast  iron  pipe.  No  saddle  or  clamp  joints  to  be 
used. 

WIPED  JOINTS. 

Rule  17.  All  connections  of  lead  pipe  shall  be  by 
wiped  or  overcast  joints. 

separate  traps. 

Rule  18.  Every  water  closet,  urinal,  sink,  basin, 
bath,  and  every  set  of  wash  trays  must  be  separately 
and  effectively  trapped. 

LOCATION  OF  TRAPS. 

Rule  19.  Traps  must  be  placed  as  near  the  fixture 
as  practicable.  In  no  case  shall  the  waste  from  a  bath- 
tub or  other  fixture  be  connected  with  a  water  closet 
trap. 


Rules,  etc.,  Plumbers  and  Plumbing. 


387 


VENT  TRAPS. 

Rule  20.  Traps  must  be  protected  from  siphonage, 
and  the  "waste  pipe  leading  from  those  inside  the 
building  ventilated  by  a  special  air  pipe,  taken  out  of 
the  crown  of  trap  in  no  case  less  than  two  inches  in 
diameter  for  water  closet  traps,  and  one  inch  and  a 
quarter  for  other  traps. 

The  verticle  vent  pipes  for  traps  of  water  closets  in 
buildings  more  than  four  stories  in  height  must  be  at 
least  three  inches  in  diameter,  with  two-inch  branches 
to  each  trap,  and  for  traps  of  other  fixtures  not  less  than 
two  inches  in  diameter,  unless  the  trap  is  smaller,  in 
which  case  the  diameter  of  branch  vent  pipe  must  be  at 
least  equal  to  the  diameter  of  the  trap.  In  all  cases 
vent  pipes  must  be  of  cast  iron  or  lead,  except  when 
vent  pipes  pass  through  parlors  or  decorated  rooms 
when  they  may  be  of  wrought  iron  pipe. 

These  pipes  must  extend  two  feet  above  the  roof, 
and  above  the  coping,  the  extension  to  be  not  less 
than  four  inches  in  diameter  to  avoid  obstruction 
from  frost,  or  they  may  be  branched  into  a  soil  pipe 
above  the  inlet  from  the  highest  fixture.  They  may 
be  combined  by  branching  together  those  which  serve 
several  traps.  These  air  pipes  must  always  have  a 
continuous  slope  to  avoid  collecting  water  by  con- 
densation. 

Note:  The  following  record  occurs  at  page  53  of  the  book  of  minutes  of  the 
examining  board  of  plumbers,  under  date  of  May  16,  1899.  A  question  of  the  validity 
of  the  intended  amendment  is  raised  by  the  fact  that  it  nowhere  appears  that  it  was 
formulated  by  the  said  board  in  conjunction  with  the  local  board  of  health.  (See  Sub 
3,  §  4,  Chapter  602,  Laws  of  1892,  the  statute  then  in  force.) 

On  motion  of  Mr.  Dawson,  rule  20  of  the  rules  and 
regulations  relating  to  plumbing  in  the  city  of  Cohoes 
was  amended  to  read  as  follows:  "Any  good  non- 
siphon  trap  may  be  used  when  approved  by  the  board 
of  health.  Common  traps  must  be  protected  from 
siphonage  and  the  waste  pipe  leading  from  those 
inside  the  building  ventilated  by  a  special  air  pipe 


388  Laws  of  the  City  of  Cohoes. 

taken  out  of  the  crown  of  trap,  in  no  case  less  than  % 
•inches  in  diameter  for  water  closet  traps  and  2J  inches 
for  other  traps." 

SAFE  WASTE. 

Rule  21.  Every  safe  under  a  wash  basin,  bath, 
urinal,  water  closet,  or  other  fixture,  must  be  drained 
by  a  special  pipe  not  directly  connected  with  any  soil 
pipe,  waste  pipe,  drain  or  sewer ;  but  discharging  into 
an  open  sink  or  upon  the  cellar  floor,  such  safe  waste 
shall  not  be  less  than  one  inch  in  internal  diameter. 

REFRIGERATOR  WASTE. 

Rule  22.  The  waste  pipe  from  a  refrigerator  shall 
not  be  directly  connected  with  soil  or  waste  pipe  or 
with  the  drain  or  sewer ;  it  should  discharge  into  an 
open  sink.  Such  waste  pipe  should  be  so  arranged  as 
to  admit  of  frequent  flushing,  and  should  be  as  short 
as  possible. 

WATER  CLOSET  TANKS. 

Rule  23.  All  tank  water  closets  within  the  house 
must  be  supplied  with  water  from  main  or  supply  tank 
of  sufficient  size  located  above  same.  A  group  of 
closets  may  be  supplied  from  one  tank.  But  water 
closets  on  different  floors  will  not  be  permitted  to  be 
flushed  from  one  tank. 

FLUSH  PIPE. 

Rule  24.  When  closets  are  supplied  from  tanks,  the 
pipe  to  closet  shall  in  no  case  be  less  than  one  and 
one-quarter  inches  in  diameter. 

RAIN-WATER  LEADER. 

Rule  25.  When  within  the  house,  the  rain-water 
leader  must  be  of  cast  iron,  with  leaded  joints,  or  of  cop- 
per, with  soldered  joints.  Where  the  rain-  water  leader  is 
at  least  one  (1)  inch  less  in  diameter  than  the  soil 
pipe,  it  may  be  brought  into  the  latter,  but  ram-water 
must  never  be  led  directly  into  the  upper  end  of  the 
soil  pipe,  which  must  always  project  at  least  two  (2) 


Rules,  etc.,  Plumbers  and  Plumbing.  389 

feet  above  the  roof  and  above  the  coping.  When  out- 
side of  the  house  and  connected  with  the  house  drain, 
it  must,  if  of  sheet  metal  with  slip  joints,  be  trapped 
beneath  the  ground  or  just  inside  of  the  wall,  the  trap 
being  arranged  so  as  to  prevent  freezing.  In  every 
case  where  a  leader  opens  near  a  window  or  a  light 
shaft,  it  must  be  properly  trapped  at  its  base.  The 
joint  between  an  iron  leader  and  the  roof  must  be 
made  gas  and  water-tight  by  means  of  a  brass  or  lead 
ferrule  and  lead  or  copper  pipe  properly  connected. 

cellar  and  sub-soil  drainage. 

Rule  26.  Cellars  should  not  be  connected  with 
sewer  and  the  house  drain  unless  necessary  ;  if  so,  they 
must  be  effectively  trapped. 

Dry  cesspools  should  be  used  where  practicable. 
Sub- soil  drains  may  be  provided  when  necessary. 
When  used  they  must  be  effectively  trapped  and 
means  provided  to  maintain  a  seal. 

STEAM  EXHAUST. 

Rule  27.  No  steam  exhaust  or  blow-off  pipe  from 
a  steam  boiler  will  be  allowed  to  connect  with  any 
soil  or  waste  pipe  or  directly  with  the  house  drain. 
They  should  discharge  into  a  tank  or  condenser,  the 
waste  from  which,  if  to  be  discharged  into  the  sewer 
through  the  house  drain,  must  be  connected  on  the 
sewer  side  of  the  running  trap. 

YARD  DRAINAGE. 

Rule  28.  Yards  and  areas  should  always  be  prop- 
erly graded,  cemented,  nagged  or  well  paved  and 
properly  drained.  When  the  drain  is  connected 
with  the  house  drain  it  must  be  effectively  trapped. 
Area  drains  must  be  connected  with  the  house  drain 
inside  of  the  running  trap. 

PRIVY  VAULTS  AND  SCHOOL  SINKS. 

Rule  29.  No  privy  vault  or  school  sink  will  be 
allowed  in  any  cellar  or  basement ;  nor  shall  the  general 


Laws  of  the  City  of  Cohoes. 
privy  accommodations  of  a  tenement  or  lodging  house 
be  allowed  to  be  in  the  cellar  or  basement. 

SCHOOL  SINKS. 

Rule  30.  School  sinks  must  be  not  more  than  two 
feet  in  depth,  connected  at  the  npper  end  with  an 
automatic  flushing  tank,  and  at  the  lower  end  prop- 
erly trapped. 

PRIVY  VAULTS,  WHERE  FORBIDDEN. 

Rule  31.  The  building  of  privies,  privy  vaults  and 
cesspools  in  sewered  districts  is  forbidden.  All  priv- 
ies, privy  vaults  and  cesspools  existing  within  the  city 
limits  shall  be  removed  or  filled  up  by  the  owner, 
occupant,  occupants,  lessee,  agent  or  other  person 
having  charge  or  control  of  the  premises  on  which  they 
exist,  whenever,  in  the  judgment  of  the  board  of 
health,  they  become  a  menace  to  the  public  health  by 
rendering  the  soil,  air  or  water  impure  or  unwholesome, 
or  they  constitute  a  condition  of  any  kind  injurious  to 
life  or  health.  But  no  person  shall  hereafter  erect 
any  privy  or  privy  vault  upon  any  lot  or  parcel  of 
ground  adjoining  any  street  or  alley  where  a  public 
sewer  exists,  with  which  connections  can  be  made  by 
means  of  drain  pipes  laid  in  or  from  any  such  lot  or 
piece  of  ground ;  nor  shall  any  owner,  lessee,  occu- 
pant or  agent  of  any  building  or  premises  erect  or 
maintain,  in  a  sewered  district  of  the  city,  any  privy, 
privy  vault  or  cesspool  made  or  built  in  the  earth 
within  fifteen  feet  of  any  door  or  wirfdow  of  any 
building  upon  such  premises,  or  any  building  upon 
the  adjoining  premises,  and  the  erection  or  mainten- 
ance of  any  such  privy,  privy  vault  or  cesspool  is 
hereby  declared  to  be  injurious  to  life  and  health  and 
to  constitute  a  nuisance. 

PRIVY  VAULTS  IN  SEWTERED  DISTRICTS. 

Rule  32.    No  privy  vault  hereafter  constructed 
shall  be  located  within  ten  feet  of  any  street  or  highway 


Rules  etc.,  Plumbers  and  Plumbing. 

(alleys  excepted),  nor  within  five  feet  of  the 
boundary  line  of  the  premises  on  which  it  is  con- 
structed, nor  within  ten  feet  of  any  rain-water  cistern, 
and  it  shall  be  so  constructed  as  to  be  perfectly  tight, 
and  be  conveniently  approached,  opened  and  cleaned. 

WATER  CLOSETS. 

Rule  33.  No  pan  or  plunger  water  closets  shall 
hereafter  be  placed  in  any  building  in  this  city. 
When  a  privy  vault  or  cesspool  must  necessarily  be 
used,  and  the  water  supply  of  the  premises  is  from 
a  well,  they  must  be  at  least  fifty  feet  from  the  well, 
and  the  privy  vault  must  be  absolutely  tight. 

Where  pan  or  plunger  water  closets  are  to  be  taken 
out  of  a  building  they  shall  be  replaced  with  tank 
wash-out  closets. 

All  water  closets  placed  in  buildings  shall  be  prop- 
erly vented,  siphon  jet  closets  to  be  properly  vented 
underneath  the  floor  at  the  lead  bend  connection. 

Note: — The  following  record  occurs  at  page  53  of  the  book  of  minutes  of  the 
examining  board  of  plumbers,  under  date  of  May  16,  1899.    A  question  of  the  validity 
of  the  intended  amendment  is  raised  by  the  fact  that  it  nowhere  appears  that  it  wa 
formulated  by  the  said  board  in  conjunction  with  the  local  board  of  health.    (See  Sub. 
3,  §  4,  Chapter  602,  Laws  of  1892,  the  statute  then  in  force.) 

On  motion  of  Mr.  Bottom,  rule  33,  page  34  of 
the  rules  and  regulations  relating  to  plumbing 
in  the  city  of  Cohoes  was  amended  to  read  as  follows : 
4 'Water  closets  placed  in  buildings  shall  be  properly 
vented,  siphon  jet  closets  to  be  properly  vented 
underneath  the  flow  at  the  lead  band  connection  when 
considered  necessary. ' ' 

PENALTY  FOR  VIOLATION  OF  RULES. 

Rule  34.  The  general  water  closet  accommodation 
of  tenant  or  lodging  houses,  or  of  office  buildings,  or 
of  any  building  in  which  said  accommodations  are 
permitted  to  be  used  by  the  public,  shall  be  so  located 
and  constructed  that  no  offense  or  nuisance  may  be 
caused;  and  all  public  urinals  in  such  water  closets 


392 


Laws  of  the  City  of  Cohoes. 
shall  be  floored  and  lined  with  some  impermeable 
material. 

WATER  CLOSETS  IN  YARDS. 

Rule  35.  Water  closets  when  placed  in  yards  must 
be  separately  trapped,  if  two  or  more  are  connected 
with  main  iron  pipe,  each  and  every  closet  shall  have 
a  separate  trap  and  so  arranged  as  to  be  conveniently 
and  adequately  flushed,  and  their  water  supply  pipes 
and  traps  must  be  protected  from  freezing.  The  com- 
partments for  such  water  closets  must  be  'ventilated 
by  means  of  air  shaft  or  window. 

WATER  CLOSET  VENTS. 

Rule  36.  No  water  closet  vent  will  be  allowed  to 
be  used  as  main  vent  for  main  soil  pipe. 

PRIVIES. 

Rule  37.  In  no  case  will  the  general  privy  accom- 
modation of  a  tenement  or  lodging  house  be  allowed 
in  the  cellar  or  basement,  except  that  one  or  two 
closets  may  be  placed  in  the  cellar  for  the  accommo- 
dation of  one  or  two  families. 

URINALS. 

Rule  38.  No  metallic  lined  urinals  will  be  allowed 
in  any  building.  All  urinals  shall  be  vented.  Urinals 
shall  be  so  constructed  as  to  provide  for  proper 
flushing. 

NOTICE  TO  INSPECTOR. 

Rule  39.  Notice  in  writing  shall  be  given  to  the 
plumbing  inspector,  by  the  contractor,  builder  or 
plumber  in  all  cases  where  new  work  is  to  be  done,  or 
the  remodeling  of  old  work,  or  in  any  and  all  cases  in 
which  repairs  involve  the  removal  of  fixtures,  or 
changes  in  the  location  or  arrangement  of  fixtures, 
whether  within  the  house  or  out  of  doors;  when  the 
work  is  sufficiently  advanced  for  inspection,  and  no 
part  of  the  work  shall  be  covered  or  concealed  in  any 
way  until  after  it  has  been  examined  by  an  inspector 
of  the  board  of  health ;  and  the  contractor,  builder  or 


Rules,  etc.,  Plumbers  and  Plumbing. 

plumber  shall  test  said  work,  to  the  satisfaction  of 
the  inspector,  for  the  purpose  of  detecting  any  imper- 
fect joints  or  any  other  defects  in  the  material  or 
workmanship  which  may  permit  the  escape  of  foul 
air  into  or  under  the  house,  and  all  such  defects  that 
may  exist  shall  be  made  good  as  provided  in  this 
ordinance.  The  contractor  or  plumber  who  may  be 
in  charge  of  the  work,  and  who  may  be  responsible 
therefor,  shall  be  subject  to  the  penalties  prescribed 
in  these  rules  for  any  violation  of  the  provisions  of  the 
same.  Any  plumbing  work  as  aforesaid,  or  any 
house,  sewer  or  house  drain  put  in  and  covered  with- 
out due  notice  to  the  board  of  health,  shall  be  uncov- 
ered for  inspection  by  direction  of  the  inspector;  and 
every  day  that  the  work  shall  remain  covered,  after 
notice  to  uncover,  shall  constitute  a  new  offense,  and 
subject  the  offender  to  the  penalties  of  this  ordinance. 

SEWERS. 

Rule  40.  Where  house  sewer  is  connected  to  main 
sewer  in  street  the  contractor,  or  person  laying  said 
sewer  shall  place  a  tee  in  the  main  sewer,  of  the  size 
required  for  making  said  connection.  No  person  shall 
connect  to  or  lay  sewers  unless  he  shall  have  first- 
obtained  a  certificate  of  competency  from  the  board  of 
health  of  the  city. 

QUALITY    OF  WORK. 

Rule  41.  All  materials  must  be  of  good  quality 
and  free  from  defects;  the  work  must  be  executed  in 
a  thorough  and  workmanlike  manner. 

SEPARATE  SEWER  CONNECTIONS. 

Rule  42.  Where  there  is  a  sewer  in  the  street, 
every  house  or  building  must  be  separately  and  inde- 
pendently connected  with  it.  When  possible,  such 
connection  must  be  made  directly  in  front  of  the 
house. 


394  Laws  of  the  City  of  Cohoes. 

pkivate  drains. 
Rule  43.  When  there  is  no  sewer  in  the  street,  and 
it  is  necessary  to  construct  a  private  drain  to  connect 
with  a  sewer  in  an  adjacent  street  or  avenue,  it  must 
be  laid  outside  of  the  curb,  if  possible.  The  drain 
must  not  be  laid  under  the  house. 

WATER  CLOSET  TRAP  TO  BE  USED  FOR  NO  OTHER 
FIXTURE. 

Rule  44.  In  no  case  shall  the  waste  from  a  bath-tub 
or  other  fixtures  be  connected  with  a  water  closet  trap. 

VENT  PIPES. 

Rule  45.  No  trap  vent  pipe  shall  be  used  as  a 
waste  or  soil  pipe, 

REPAIRING  AND  LAYING  SEWERS. 

Rule  46.  The  clerk  of  the  city  will  grant  no  permit 
to  any  person  to  excavate  in  any  street,  for  the  pur- 
pose of  laying,  repairing  or  tapping  sewers,  unless 
such  person  has  been  granted  a  certificate  of  compe- 
tency from  the  board  of  health,  as  being  so  licensed, 
and  has  received  a  permit  from  the  plumbing  inspector. 

DUTIES  OF  INSPECTOR  OF  PLUMBING. 

Rule  47.  It  shall  be  the  duty  of  the  inspector  of 
plumbing,  drainage  and  ventilation,  under  direction 
of  the  health  officer,  to  sign  and  issue  all  notices  and 
certificates  of  inspection,  to  pass  upon  all  plans  sub- 
mitted, to  keep  a  daily  record  of  his  work,  including 
all  notices  and  applications   received,    violation  of 
these  regulations,  and  all  other  matters  which  may 
pertain  thereto;  to  make  daily,  weekly  and  quarterly 
reports,  and  an  annual  report  of  his  operations  to  the 
health  officer.    He  shall  inspect  all  houses  in  course 
of  erection,  alteration  or  repair,  as  often  as  may  be 
necessary,  and  shall  see  that  all  work  for  plumbing, 
drainage  or  ventilation  is  done  in  accordance  with  the 
provisions  of  these  regulations. 


Rules,  etc.,  Plumbers  and  Plumbing.  395 

The  inspector  will  inspect  all  sewer  connections  and 
external  house  drains  within  twenty-four  (24)  hours 
after  notification  from  the  plumber  or  person  laying  the 
same,  and  all  waste  and  vent  pipes  and  other  inside 
plumbing  within  three  ( 3 )  days  after  notification, 
otherwise  the  plumber  may  cover  the  work  and 
consider  it  passed  upon,  provided  that  the  said 
plumber  shall  file  with  the  health  officer  a  written 
statement  that  the  inspection  was  not  made  within 
the  above  mentioned  time,  unless,  after  said  inspector 
has  answered  a  notice  that  work  is  ready  tor  inspection 
and  finds  it  necessary  to  make  a  second  visit,  in  which 
case  the  time  that  work  must  be  left  uncovered  shall 
be  doubled. 

license  may  be  revoked. 

Rule  48.  Any  license  of  registration  granted  by 
the  board  of  health  may  be  revoked  for  violation  of 
these  rules,  the  said  board  of  health  acting  in  con- 
currence with  the  board  of  local  examiners,  after  a 
hearing,  as  adopted  by  law. 

Also  by  commissioner  Bottum  : 

Resolved,  that  the  clerk  of  the  board  of  health  cause 
the  said  rules  and  regulations  to  govern  plumbers  and 
plumbing,  in  the  city  of  Cohoes,  and  the  several  sec- 
tions and  provisions  thereof,  to  be  published  forthwith 
in  The  Cohoes  Republican,  a  daily  newspaper  printed 
and  circulated  in  said  city  of  Cohoes,  by  one  insertion 
therein.  Adopted. 

WILLIAM  S.  MILLER, 
Clerk  of  board  of  health  and  examining  and 
supervising   board   of  plumbers  and 
plumbing. 


HISTORY 

OF 

LOCAL  LEGISLATION. 


Statutes  heretofore  passed,  affecting  the  village 
and  city  of  CoJioes. 

1847.  Chapter  426,  Act  to  provide  for  the  incorporation  of 
villages.  Under  this  act  the  village  of  Cohoes  was 
incorporated.  See  record  of  proceedings  in  Book  1 
of  minutes,  pp.  4-12. 

1849.  Chap.  314,  Act  amending  above  act  making  the  vil- 
lage of  Cohoes  a  separate  road  district,  and  author- 
izing trustees  to  alter,  repair  and  lay  out  streets  and 
to  take  and  hold  lands  for  cemetery  purposes. 

1850.  Chap.  88,  Act  exempting  agricultural  lands  from 
taxation. 

Chap.  341,  Act  to  establish  free  schools  in  the  village 
of  Cohoes. 

1851.  Chap.  340,  Act  to  amend  the  general  village  law  so 
far  as  relates  to  the  village  of  Cohoes,  in  respect  to 
police  justice,  police  constable,  ordinances,  taxes, 
sewers,  etc. 

1853.  Chap.  393,  Act  authorizing  canal  commissioners  to 
construct  bridge  across  Mohawk  river. 

1855.  Chap.  277,  Act  to  incorporate  the  Cohoes  Water 
Works  Company. 

(Repealed  by  Chap.  177,  Laws  of  1856.) 
Chap.  352,  Act  amending  generally  the  village  charter. 

1856.  Chap.  177,  Act  to  provide  for  a  supply  of  water  in 
the  village  of  Cohoes. 

396 


History  of  Local  Legislation.  397 

(Amended  by  Chap.  744,  Laws  of  1868;  Chap. 
912,  Laws  of  1869;  Chap.  275,  Laws  of  1870; 
Chap.  281,  Laws  of  1876;  Chap.  429,  Laws  of 
1883  ;  Chap.  260,  Laws  of  1885  ;  Chap.  132,  Laws 
of  1887.) 

1858.  Chap.  298,  Act  authorizing  construction  of  single 
track  wooden  bridge  over  Erie  Canal  at  intersection  of 
White  street. 

(Amended  by  Chap.  297,  Laws  of  1863  ;  Chap. 
428,  Laws  of  1865.) 
1860.    Chap.  119,  Act  authorizing  bridge  over  Erie  Canal 
opposite  Yliet  street. 

1863.  Chap.  117,  Act  amending  village  charter  in  relation  to 
street  superintendent  and  police  constable. 

1864.  Chap.  330,  Acts  legalizing  acts  of  taxpayers  of  the 
village  in  raising  money  for  aid  of  drafted  men. 
Chap.  526,  Act  to  incorporate  Egberts  Institute. 

1865.  Chap.  554,  Act  to  establish  a  capital  police  district, 
etc.,  including  the  village  of  Cohoes. 

(Amended,  as  to  quota  for  Cohoes,  Chap.  723, 
Laws  of  1868;  Chap.  912,  Laws  of  1869;  Abol- 
ished, as  to  Cohoes,  Chap.  692,  Laws  of  1870.) 

1866.  Chap.  807,  Act  authorizing  bridge  over  Erie  Canal  at 
Columbia  street. 

1869.  Chap.  877,  Act  making  appropriation  for  iron  bridge 
over  Champlain  Canal  near  Oneida  street  and  for 
abutment  to  bridge  on  Summit  street. 

Chap.  912,  Act  to  incorporate  the  city  of  Cohoes. 

1870.  Chap.  692,  Act  to  establish  and  maintain  a  police 
force  in  the  city  of  Cohoes. 

(Amended  by  Chap.  269,  Laws  of  1873;  Chap. 
483,  Laws  of  1879;  Chap.  263,  Laws  of  1884.) 

1871.  Chap.  630,  Act  in  regard  to  assessment  for  street  im- 
provements. 

(Amended  by  Chap.  483,  Laws  of  1879.) 
Chap.  918,  Act  amending  city  charter  generally. 


398  Laws  of  the  City  of  Cohoes. 

1872.  Chap.  79,  Act  amending  city  charter  generally. 
Chap.  321,  Act  to  incorporate  the  Troy,  Lansingburgh 
and  Cohoes  bridge. 

(Amended  by  Chap.  259,  Laws  of  1874.) 

1873.  Chap.  252,  Act  for  the  support  of  the  Cohoes  Hos- 
pital. 

Chap.  494,  Act  amending  charter  in  regard  to  street 
improvements. 

1874.  Chap.  11,  Act  making  appropriation  for  rebuilding 
locks  on  Champlain  canal. 

Chap.  316,  Act  amending  charter  in  relation  to  the 
board  of  education. 

1875.  Chap.  234,  Act  amending  charter.  Fifth  ward  created. 
Chap.  274,  Act  authorizing  common  council  to  adopt, 
lay  out,  open  and  grade  Trull  street. 

1876.  Chap.  440,  Act  amending  city  charter.  Recorder's 
act. 

1877.  Chap.  396,  Act  amending  city  charter  in  relation  to 
the  powers  of  the  common  council  and  inspectors  of 
election. 

1878.  Chap.  230,  Act  to  legalize  state  and  county  taxes  and 
to  provide  for  their  collection. 

1879.  Chap.  99,  Act  to  re-organize  the  fire  department  and 
create  a  board  of  fire  commissioners. 

Chap.  266,  Act  to  incorporate  the  Cohoes  and  Lan- 
singburgh Bridge  Company. 

Chap.  500,  Act  amending  charter  as  to  boundaries  of 
wards. 

1880.  Chap.  330,  Act  amending  charter  in  relation  to 
expenses  of  board  of  water  commissioners. 

Chap.  456,  Act  amending  charter  in  respect  to  the 
office  of  recorder. 

1881.  Chap.  60,  Act  amending  charter  in  relation  to  jail. 
Chap.  183,  Act  amending  charter  in  relation  to  limi- 
tation of  the  city's  liability  from  defective  streets,  etc. 
Chap.  527,  Act  amending  charter,  increasing  salary  of 
chamberlain. 


History  of  Local  Legislation.  399 

1884.  Chap.  219,  Act  to  legalize  the  construction  of  the 
Ravine  sewer  and  to  provide  for  the  assessment  and 
collection  of  the  expenses  thereof. 

Chap.  274,  Act  authorizing  the  purchase  by  the  state, 
of  land  south  of  the  state  yard. 

Chap.  492,  Act  amending  the  charter  in  relation  to 
the  offices  of  president  and  clerk  of  the  board  of 
education. 

Chap.  513,  Act  authorizing  the  paving  of  Remsen 
street  north  from  White. 

1885.  Chap.  25,  Act  amending  charter  in  relation  to  the 
time  of  charter  elections. 

1886.  Chap.  216,  Act  authorizing  the  paving  of  one  thous- 
and feet  of  streets  annually. 

Chap.  224,  Act  amending  the  charter  providing  for 
the  appointment  of  assessors  and  in  relation  to  taxes 
and  the  fiscal  year. 

1887.  Chap.  8,  Act  authorizing  the  board  of  education  to 
borrow  money,  not  exceeding  $9,000,  to  meet  deficiency 
in  expenses. 

Chap.  133,  Act  authorizing  common  council  to  borrow 
not  exceeding  $20,000  to  pay  and  retire  water  bonds. 
Chap.  168,  Act  authorizing  construction  of  bridge 
across  Champlain  canal  at  Ship  street. 
Chap.  369,  Act  amending  city  charter,  increasing 
salary  of  the  city  attorney. 

1888.  Chap.  129,  Act  making  additional  appropriation  for 
construction  of  bridge  across  Champlain  canal,  at  Ship 
street. 

Chap  234,  Act  authorizing  construction  of  bridge  on 
Central  avenue,  and  to  raise  $2,000  therefor. 
Chap.  301,  Act  amending  city  charter  in  relation  to 
street  paving. 

Chap.  377,  Act  to  provide  for  the  erection  of  a  state 
armory  and  making  an  appropriation  therefor. 
(Amended  by  Chap.  176,  Laws  of  1889.) 


400  Laws  oy  the  City  of  Cohoes. 

1889.  Chap.  52,  Act  authorizing  the  board  of  education  to 
borrow  not  exceeding  $7,000  to  meet  deficiency  in  the 
expenses  of  said  board. 

Chap.  53,  Act  amending  the  city  charter,  authorizing 
the  raising  of  additional  one-tenth  of  one  per  centum 
tax  for  school  purposes. 

Chap.  86,  Act  to  amend  the  city  charter  in  relation  to 
the  time  the  polls  shall  be  open  at  the  charter  election. 
Chap.  192,  Act  to  authorize  the  city  to  remove  the 
bodies  and  monuments  from  burial  ground  on  Colum- 
bia street  and  to  sell  the  land. 

(Amended  by  Chap.  800,  Laws  of  1895;  Chap. 

808,  Laws  of  1896'.) 
Chap.  430,  Act  to  authorize  the  city  to  acquire  and 
pay  for  lands  for  straightening  and  widening  Saratoga 
street. 

(Amended  by  Chap.  25,  Laws  of  1891.) 
Chap.  451,  Act  to  provide  for  raising  money  for  light- 
ing the  streets  by  gas  or  electricity. 
Chap.  552,  Act  making  additional  appropriation  for 
completion  of  bridge  across  Champlain  canal  at  Ship 
street  and  approaches  thereto. 

1890.  Chap.  75,  Act  re-appropriating  money  for  erection  of 
state  armory. 

Chap.  265,  Act  authorizing  the  city  to  borrow  not  ex- 
ceeding $25,000  for  the  improvement  of  the  water 
works. 

1891.  Chap.  260,  Act  to  establish  city  hospital  and  provide 
for  the  erection,  goverment  and  maintenance  thereof. 

(Amended  by  Chap.  141,  Laws  of  1892.) 
Chap.  314,  Act  authorizing  construction  of  viaduct 
connecting  Garner  and  Division  streets. 

1892.  Chap.  153, Act  authorizing  improvements  to  the  water 
works  and  appropriating  balance  of  money  on  hand 
therefor. 

Chap.  464,  Act  re- appropriating  money  for  state  ar- 
ory  and  for  the  acquiring  of  additional  land  therefor. 
Chap.  671,  Act  to  revise  the  city  charter. 


History  of  Local  Legislation,  401 
(Amendments  of  the  revised  charter  will  be  found 
noted  throughout  the  charter  as  contained  in 
this  compilation,  immediately  after  the  provis- 
ions  affected  thereby,  in  each  instance.  ) 

1893.  Chap.  643,  Act  to  authorize  repairs  to  the  state  dam 
across  the  Mohawk  river  at  Cohoes,  and  making  an 
appropriation  therefor. 

1894.  Chap.  142,  Act  for  the  completion  of  the  state  armory 
at  Cohoes,  and  making  an  appropriation  therefor. 
Chap.  310,  Act  to  authorize  the  purchase  of  a  suitable 
site  in  the  city  of  Cohoes,  and  to  erect  thereon  a  city 
hall  and  station-house  and  jail,  and  to  provide  means 
to  defray  the  expense  thereof. 

Chap.  462,  Act  to  authorize  the  completion  of  repairs 
to  the  state  dam  across  the  Mohawk  river  at  Cohoes, 
and  making  an  appropriation  therefor. 
Chap.  472,  Act  to  re-appropriate   money,  with  an 
additional  appropriation,  for  the  erection  of  a  state 
armory  in  the  city  of  Cohoes. 
1895.    Chap.  47,  Act  to  authorize  and  enable  the  city  of 
Cohoes  to  borrow  money  upon  its  credit  for  the  pur- 
pose of  erecting  and  constructing  two  public  school 
buildings  and  their  appurtenances  in  said  city,  and 
to  properly  furnish  and  equip  the  same ;  one  of  said 
buildings  to  be  erected  upon  Garner  street  and  one 
upon  Hudson  avenue  in  said  city. 
Chap.  798,  Act  concerning  the  settlement  and  collec- 
tion  of  arrearage  of  unpaid  taxes,  assessments  and 
water  rents  in  the  city  of  Cohoes,  and  imposing  and 
levying  a  tax,  assessment  and  lien  in  lieu  and  instead 
of  such   arrearages,  and    to   enforce   the  payment 
thereof. 

Chap.  799,  Act  to  authorize  the  city  of  Cohoes  to 
borrow  money  upon  its  credit,  for  the  purpose  of 
defraying  the  expenses  of  altering,  straightening  and 
widening  Saratoga  street  in  said  city,  between  Spring- 
street  and  Main  street. 

.  (Amended  by  Laws  of  1896,  Chap.  807. ) 


402  Laws  of  the  City  of  Cohoes. 

1896.  Chap.  51,  Act  to  enable  the  city  of  Cohoes  to  use  for 
street  and  highway  purposes,  and  sell  the  site  hereto- 
fore selected  and  purchased  by  said  city  and  intended 
to  be  used  for  hospital  purposes ;  and  to  use  the  pro- 
ceeds of  such  sale  in  the  purchase  of  another  site, 
erection  of  a  hospital  thereon,  and  the  equipment  of 
the  same. 

Chap.  273,  Act  to  authorize  and  enable  the  city  of 
Cohoes  to  borrow  money  upon  its  credit  for  the  pur- 
pose of  paying  the  expenses  of  constructing  the  Eagle 
Nest  Ravine  sewer,  Mohawk  and  Canvass  street  sewer, 
and  Mohawk  and  White  street  sewer  heretofore  con- 
structed by  said  city. 

Chap.  274,  Act  concerning  the  settlement  and  collec- 
tion of  arrearages  of  unpaid  taxes  and  assessments  in 
the  city  of  Cohoes,  levied  or  assessed  by  the  board  of 
supervisors  of  the  county  of  Albany,  and  imposing 
and  levying  a  tax,  assessment  and  lien  in  lieu,  and 
instead,  of  such  arrearages,  and  to  enforce  the  pay- 
ment thereof. 

(Repealed  by  Chap.  696,  Laws  of  1900.) 
Chap.  806,  Act  to  authorize  the  city  of  Cohoes  to 
borrow  money  for  the  purpose  of  better  equipping  its 
v  fire  department,  and  to  issue  its  bonds  for  the  money 
so  borrowed. 

Chap.  813,  Act  to  authorize  the  common  council  of 
the  city  of  Cohoes  to  borrow  money  for  the  imme- 
diate wants  and  necessities  of  the  board  of  education 
of  said  city,  and  to  issue  bonds  for  the  money  so  bor- 
rowed. 

Chap.  904,  Act  to  create  a  public  improvement  com- 
mission in  and  for  the  city  of  Cohoes,  and  define  its 
powers  and  duties. 

1897.  Chap.  401,  Act  to  amend  the  act  to  create  a  public  im- 
provement commission. 

1898.  Chap.  227,  Act  to  create  a  public  improvement  com- 
mission in  and  for  the  city  of  Cohoes,  and  define  its 
powers  and  duties. 


History  of  Local  Legislation.  403 

(Supersedes  former  law.    Amended  by  Chap. 

550,  Laws  of  1899.) 
Chap.  233,  Act  to  authorize  the  city  of  Cohoes  to 
borrow  money  by  the  issue  of  bonds  for  the  improve- 
ment of  the  water  works  and  extension  of  the  water 
mains  in  said  city. 

Chap.  513,  Act  to  amend  chapter  two  hundred  and 
sixty  of  the  laws  of  eighteen  hundred  and  ninety-one, 
entitled  ''An  act  to  establish  a  hospital  in  and  for  the 
city  of  Cohoes,  and  to  provide  for  the  erection,  gov- 
ernment and  maintenance  thereof,"  ending  the  term 
of  office  of  the  commissioners  appointed  thereunder 
and  the  power  to  appoint  or  confirm  the  same,  and 
repealing  certain  sections  thereof. 

1899.  Chap.  268,  Act  to  authorize  the  city  of  Cohoes  to 
borrow  money  by  the  issue  of  bonds  for  the  payment 
of  the  expenses,  audits  and  charges  of  the  public 
improvement  commission. 

Chap.  519,  Act  to  authorize  the  building  of  a  canal 
and  locks,  in  and  near  Cohoes,  to  connect  the  Erie 
and  Champlain  canals,  and  for  other  purposes. 
Chap.  613,  Act  to  provide  for  the  construction  of  a 
bridge  over  the  Champlain  canal  at  Ontario  street,  in 
the  city  of  Cohoes,  and  making  an  appropriation 
therefor. 

1900.  Chap.  213,  Act  to  amend  chapter  two  hundred  and 
twenty-seven  of  the  laws  of  eighteen  hundred  and 
ninety-eight,  relative  to  the  expense  to  be  borne  by 
street  railway  companies  for  the  paving  of  streets  in 
the  city  of  Cohoes,  et  cetera. 

Chap.  696,  Act  concerning  the  settlement  and  collect 
tion  of  arrearages  of  unpaid  taxes  and  assessments  in 
the  city  of  Cohoes,  levied  or  assessed  by  the  board  of 
supervisors  of  the  county  of  Albany. 

1901.  Chap.  289,  Act  to  authorize  the  common  council 
of  the  city  of  Cohoes  to  borrow  money  for  the  present 


Laws  of  the  City  of  Cohoes. 
needs  of  the  board  of  education  of  said  city,  and  to 
enable  it  to  continue  the  schools  of  said  city  until  the 
next  apportionment  of  the  general  city  tax,  and  to 
issue  bonds  and  certificates  of  indebtedness  for  the 
amount  so  borrowed. 

Chap.  295,  Act  to  ratify  and  legalize  the  lease 
and  agreement  made  by  and  between  the  city  of 
Cohoes,  New  York,  and  the  Cohoes  Hospital  Associa- 
tion. 

Chap.  632,  Act  to  amend  chapter  two  hundred  and 
twenty-seven  of  the  laws  of  one  thousand  eight  hun- 
dred and  ninety- eight,  entitled  "An  act  to  create  a 
public  improvement  commission  in  and  for  the  city  of 
Cohoes,  and  define  its  powers  and  duties  " 
Chapter  682,  Act  reappropriating  an  appropriation 
made  by  chapter  six-hundred  and  thirteen,  laws  of 
eighteen  hundred  and  ninety-nine,  for  the  construction 
of  a  bridge  over  the  Champlain  canal  at  Ontario  street, 
Cohoes,  and  making  an  additional  appropriation 
therefor. 


LIGHTING  OF  STREETS. 

IN  THE 

CITY  OF  COHOES. 


The  lighting-  of  streets  in  the  city  of  Cohoes  is  let 
by  contract,  dated  April  30th,  1901,  to  the  Cohoes 
Gas  Light  Company,  for  the  lighting  of  the  same  by 
electricity,  for  the  term  of  five  years  from  September 
1st,  1901,  at  the  rate  of  $6.25  per  arc  light  of  2,000 
candle  power.  This  is  an  extension  of  a  previous 
contract,  dated  May  21,  1898. 

The  following  is  the  present  location  of  the  several 
electric  light  lamps,  throughout  the  city,  under  said 
contract : 

CIRCUIT  NO.  l. 

1.  Cataract  and  School  streets. 

2.  Church  and  Mohawk  streets. 

3.  Head  of  Church  street. 

4.  Orchard  street  and  Maiden  Lane. 

5.  Conduit  and  John  streets. 

6.  Reservoir  and  Division  streets. 

7.  Richmond  street,  at  angle. 

8.  Division  and  Morris  streets. 

9.  Reservoir  and  Egbert  streets. 

10.  Jay  and  Egbert  streets. 

11.  Vliet  and  Willow  streets. 

12.  Vliet  and  Erie  streets. 

13.  Willow  street  and  Strong  place. 

14.  Johnston  avenue  and  Mangam  street. 

15.  Johnston  avenue  and  Summit  street. 

16.  Willow  and  Garner  streets. 

405 


406 


Laws  of  the  City  of  Cohoes. 


17.  Worth  and  Mangam  streets. 

18.  Worth  and  Garner  streets. 

19.  Yliet  street  and  Strong  place. 

20.  Mangam  and  Hamilton  streets. 

21.  Yliet  and  Garner  streets. 

22.  Yliet  street  and  Dudley  avenue. 

23.  Yliet  and  Eagle  streets. 

24.  Watervliet  avenue  and  Eagle  street. 

25.  Yliet  and  Pratt  streets. 


CIRCUIT  NO.  2. 

1 .  High  street,  at  Central  R.  R.  depot. 

2.  MeElwain  avenue,  at  N.  Y.  C.  &  H.  R.  R.  R. 

3.  MeElwain  avenue  and  Grant  street. 

4.  Fulton  and  Grant  streets. 

5.  MeElwain  avenue  and  Chestnut  street. 

6.  Broadway,  between  MeElwain  .and  Younglove 

avenues. 

7.  MeElwain  avenue  and  Walnut  street. 

8.  Younglove  avenue,  near  N.  Y.  C.  &  H.  R.  R.  R. 

9.  Imperial  avenue,  top  of  hill. 

10.  Younglove  avenue  and  Grant  street. 

11.  Columbia  and  James  streets. 

12.  Trull  street  and  Carlton  avenue. 

13.  James  street  and  Western  avenue. 

14.  Columbia  and  Walnut  streets. 

15.  Columbia  street  and  Mann  avenue. 

16.  Simmons  avenue,  south  of  Columbia,  near  W. 

Wartime's  house. 

17.  Columbia  street,  near  H.  M.  Sweet's  house. 

18.  Bowery  and  Cherry  streets. 

19.  Simmons  avenue  and  Elm  street, 

20.  Simmons  and  Watervliet  avenues. 

21.  Johnston  avenue  and  Bowery  street. 

22.  Johnston  avenue  and  Oak  street. 

23.  Johnston  avenue  and  Broadway. 

24.  Egbert  and  Hamilton  streets! 


Lighting  of  Streets.  407 
CIRCUIT  NO.  3. 

1.  Electric  light  station,  on  old  tree  at  the  brick 

arch,  or  bridge. 

2.  Mohawk  and  Front  streets. 

3.  Cataract  street,  near  Front  street. 

4.  Mohawk  and  Remsen  streets. 

5.  Short  Remsen  street,  near  Bochlowitz  mill. 

6.  Courtland  and  Canvass  streets. 

7.  Oneida  and  Canvass  streets. 

8.  South  end  of  the  Waterford  bridge. 

9.  Saratoga  and  Oneida  streets. 

10.  Saratoga  and  Ontario  streets. 

11.  Ontario  and  Linden  streets. 

12.  Saratoga  street,  near  the  coal  office  of  T.  Slavin. 

13.  Champlain  canal,  south  of  the  gas  works. 

14.  Saratoga  and  Cedar  streets. 

15.  Ontario  and  Canvass  streets. 

16.  Devlin  street,  near  the  north  end. 

17.  North  Mohawk  street,  south  of  Manor  avenue. 

18.  Manor  avenue  and  Reservoir  street. 

19.  Manor  avenue,  east  of  the  N.  Y.  C.  &  H.  R.  R.  R. 

track. 

20.  Manor  avenue. 

21.  Manor  avenue  and  Second  street. 

22.  Mohawk  and  South  streets. 

23.  North  Mohawk  street,  near  the  bridge  at  Mur- 

phy's, or  near  city  limits. 


CIRCUIT  NO.  4. 

1.  Remsen  and  Newark  streets. 

2.  Main  street,  opposite  No.  169,  or  near  Ham- 

brook's  market. 

3.  Main  street,  opposite  No.  207,  or  W.  B.  LeRoy's 

house. 

4.  George  and  Congress  streets. 

5.  George  and  Lancaster  streets. 


408 


Laws  of  the  City  of  Cohoes. 


6.  Newark  and  Lancaster  streets. 

7.  Schuyler  and  Lancaster  streets. 

8.  Congress  street,  opposite  No.  133,  or  near  J.  W. 

Kline's  house. 

9.  Main  and  Schuyler  streets. 

10.  Congress  and  Columbia  streets. 

11.  Central  avenue  and  Columbia  street, 

12.  Central  avenue,  opposite  No.  62,  or  at  first  angle 

near  J.  A.  Daley's. 

13.  Central  avenue,  opposite  No.  127,  or  near  soap 

factory. 

14.  Main  and  Hart  streets. 

15.  Lancaster  and  Hart  streets. 

16.  Congress  street,  opposite  No.  56,  or  near  French 

church. 

17.  Sargent  street,  opposite  No.  54,  near  Harmony 

Co's.  block. 

18.  Sargent  and  VanVechten  streets. 

19.  Saratoga  street,  opposite  No.  198,  LeRoy  Ver- 

milyea's  house. 

20.  Main  and  Saratoga  streets. 

21.  Dyke  avenue  and  Niver  street. 

22.  Saratoga  and  Bridge  streets. 

23.  Saratoga  street,  opposite  No.  502,  E.  H.  Bene- 

dict's house. 

24.  Saratoga  street,  opposite  Troy  House. 

25.  Saratoga  and  Spring  streets. 

26.  Central  avenue  and  Hawk  street. 

27.  Lincoln  avenue  and  Alexander  street, 

28.  Lincoln  avenue,  near  CP.  Craig's  house. 


CIRCUIT  NO.  5. 

1.  Mohawk  and  Vliet  streets. 

2.  Mohawk  street,  at  Harmony  Co's.  carpenter  shop. 

3.  Mohawk  and  Courtland  streets. 

4.  Mohawk  and  Oneida  streets. 

5.  Seneca  street,  at  Presbyterian  church. 


Lighting  of  Streets. 

6.  Mohawk  and  Ontario  streets. 

7.  Mohawk  and  Pine  streets. 

8.  Pine  street,  at  D.  &  H.  R.  R.  crossing. 

9.  Mohawk  and  Canvass  streets. 

10.  Mohawk  street,  near  D.  &  H.  R.  R.  crossing. 

11.  Mohawk  street,  between  Columbia  and  Saratoga 

streets — Weidman's. 

12.  Columbia  and  Remsen  streets. 

13.  Remsen  and  Schuyler  streets. 

14.  Main  and  Columbia  streets. 

15.  Remsen  and  Howard  streets. 

16.  Remsen  and  White  streets. 

17.  Main  street,  south  of  White  street,  near  Garra- 

han's  market. 

18.  Congress  and  White  streets. 

19.  Oriskany  street,  in  the  stone  yard. 

20.  Short  Main  street. 

21.  Remsen  and  Newcomb  streets. 

22.  Remsen  and  Ontario  streets. 

23.  Remsen  and  Oneida  streets. 

24.  Remsen  and  Factory  streets. 

25.  Remsen  street,  opposite  No.  17,  near  Parson's 

mill  office. 

26.  Factory  and  Olmstead  streets. 

27.  Ontario  and  Olmstead  streets. 

28.  Lancaster  street,  opposite  No.  13,  near  Trojan 

alley. 

29.  White  street,  head  of,  or  at  Erie  canal. 


CIRCUIT  NO.  6. 

1.  Ontario  street  and  Page  avenue. 

2.  Ontario  and  River  streets. 

3.  Heartt  avenue  and  River  street, 

4.  Park  and  Melville  avenues. 

5.  Heartt  and  Continental  avenues. 

6.  Park  and  Jackson  avenues. 

7.  Ontario  street,  at  the  D.  &  H.  R.  R.  Go's,  track. 


Laws  of  the  City  of  Cohoes. 

8.  Continental  avenue  and  Ontario  street. 

9.  Continental  and  Rensselaer  avenues. 

10.  Continental  and  Adams  avenues. 

11.  Park  and  Breslin  avenues. 

12.  Park  and  Forest  avenues. 

13.  Park  and  Bridge  avenues. 

14.  Third  street  and  Hudson  avenue. 

15.  Bridge  avenue  and  First  street. 

16.  First  street  and  Maple  avenue. 

17.  First  street  and  Myrtle  avenue. 

18.  Ship  and  Oliver  streets. 

19.  Saratoga  and  Ship  streets. 


CLEANING  AND  REPAIRING 
OF  STREETS 

IN  THE 

CITY  OF  COHOES. 


The  cleaning  and  repairing  of  streets  and  other  ways 
and  places  in  the  city  of  Cohoes  is  let  by  contract, 
pursuant  to  §  17,  of  Title  XI  of  the  revised  charter, 
as  amended  by  §  10,  Chap.  604,  Laws  of  1893.  The 
existing  contract  therefor  was  awarded  May  28,  1901, 
to  John  Quinlan,for  the  period  of  twenty-one  months, 
from  the  1st  day  of  June,  1901,  upon  the  following 
bid  : 

UNTAVED  STKEETS. 

Broken  stone,   .70c  per  cubic  yd. 

^ravel>  •   35c  per  cubic  vd. 

Lumber  for  bridges,  .  $24.90  per  M.,  B.  M. 

All  other  work  called  for  in  specifications,  $259  per  mo. 

PAVED  STREETS. 

Repairing  pavement  with  stone, .  .  .33c  per  square  yd. 

Allother  work  called  for  in  specification,  $510  per  mo. 

All  streets  that  are  not  paved  at  the  date  of  the  exe- 
cution of  contract,  and  paved  during  the  exis- 
tence of  the  same, ...  .$3.95  per  1,000  lineal  feet. 

Sprinkling  between  Dec.  1  and  Apr.  1,  $4.25  per  day. 

Sweeping  between  Dec.  15  and  Mar.  15,  $5.00  per  day. 

Specifications  for  the  above  work  may  be  found  on 
file  in  the  city  clerk's  office. 

411 


MUNICIPAL  TIME  TABLE. 


Jan'y  1st.  Beginning  of  term  of  one  school  commissioner  ap- 
pointed by  the  mayor. 

1901,  terms  of  two  public  improvement  commis- 
sioners expire ;  1904,  terms  of  two  public  improve- 
ment commissioners  expire ;  and,  at  the  expiration 
of  the  terms  of  such  commissioners,  as  above  stated, 
and,  thereafter,  when  any  term  expires,  the  mayor 
appoints  such  commissioners  for  a  term  of  six 
years. 

Jan'y  2d.  Annual  meeting  of  the  board  of  education. 

Appointment  of  clerk  by  board  of  education. 
January.    (At  least  one  week  before  the  Tuesday  after  the 

first  Monday  in)  annual  report  of  the  common 

council  to  be  published. 

(Tuesday  after  the  first  Monday  in)  all  elective 
city  officers  take  office. 
Annual  meeting  of  the  common  council. 
Clerk,  attorney,  engineer  and  surveyor,  superinten- 
dent of  streets  and  public  grounds,  overseer  of  the 
poor,  sealer  of  weights  and  measures  and  pound- 
master  appointed  by  common  council  at  annual 
meeting. 

Chamberlain  appointed  (1902  and  every  two  years 
thereafter)  by  common  council  at  annual  meeting. 
Water  commissioner  appointed  by  common  coun- 
cil at  annual  meeting. 

March  1st.  Payment  by  county  treasurer  to  city  chamberlain 
of  Cohoes  jail  fund. 

May  1st.  (On  or  before)  board  of  education  must  submit  to 
common  council  itemized  estimate  and  requisition 
for  the  year. 

412 


Municipal  Time  Table.  413 

June.  (During— in  1901  and  every  four  years  thereafter) 
board  of  education  appoints  superintendent  of 
schools. 

(First  Monday  in)  assessors  to  complete  list  of  ex- 
empt real  property.    Chap.  689,  Laws  of  1900. 
(First  Tuesday  in)  two  fire  commissioners  to  be 
appointed. 

July  1st.    (Each  year— not  later  than)  list  of  election  officials 
filed  by  each  party  entitled  to  do  so. 
(On  or  before)  assessors  to  transmit  statement  of 
real  property  exempt  from  taxation  to  state  comp- 
troller. 

(In  year  of  their  appointment)  term  of  office  of  fire 
commissioners  begins. 

Term  of  office  of  superintendent  of  schools  begins. 
July.         (Third  Monday— 1892  and  every  fourth  year  there- 
after) recorder  appointed  by  the, mayor. 

Sept.  1st.    (Each  year— on  or  before)  appointment  by  mayor 

of  election  officials. 
Sept,         (First  Tuesday  in)  common   council  designates 

places  of  registration. 

Apportionment  to  credit  of  fire  board  by  chamber- 
lain. 

October.     (Fourth  Friday  before  election— 8  a.  m.  to  9  p  m  ) 
first  day  of  registration. 

(Fourth  Saturday  before  election— 8  a.  m.  to  9 
p.  m.)  second  day  of  registration. 
(Third  Friday  before  election— 8  a.  m.  to  9  p  m  ) 
third  day  of  registration. 

(Third  Saturday  before  election— 8  a.m.  to  9p  m  ) 
fourth  day  of  registration. 

(From  25  to  35  days  before  election)  regular  party 

nominations  must  be  filed  with  city  clerk. 

(From  20  to  35  days  before  election)  independent 

nominations  must  be  filed  with  city  clerk. 

(At  least  20  days  before  election)  declination  of 

regular  party  nomination  must  be  filed  with  city 

clerk.  J 

(At  least  18  days  before  election)  declination  of  in- 
dependent nomination  must  be  filed  with  citv 
clerk.  J 


414  Laws  of  the  City  of  Cohoes. 

November.  (Tuesday  after  the  first  Monday.) 

General  election.  I  Polls  open — -6  a.m.  to  5  p.m. 
''Annual  election."  J  F 
Mayor,  police  commissioner,  assessor,  justice  of 
the  peace  and  supervisor  elected  whenever  the  res- 
pective terms  of  office  of  such  officers  expire. 
One  alderman  and  a  constable  elected  in  each  ward 
every  year. 

(Within  24  hours  after  election)  one  copy  of  reg- 
ister used  by  inspectors  to  be  filed  with  city  clerk. 
(Within  10  days  after  election)  statement  of  the 
expense  incurred  by  candidates  must  be  filed. 
(Third  Tuesday— on  or  before)  common  council 
audits  chamberlain's  accounts. 
Chamberlain's  annual  report  to  common  council. 
Captain    of    police,  annual  report   to  common 
council. 

Overseer  of  the  poor,  annual  report  to  common 
council. 

Water  board,  annual  report  to  common  council. 
Fire   commissioners'    annual  report  to  common 

council.  . 
Annual  reports  to  common  council  ot  various  otner 
city  boards  and  departments. 
(Third  Tuesday  in)  fiscal  year  ends. 

Dec.  15th.  (In  the  year  of  their  election— on  or  before)  jus- 
tice of  the  peace  must  tile  oath  of  office. 

Dec.  31st.  (In  each  year)  end  of  term  of  one  school  commis- 
.  sioner. 

Every  month.  (First  and  third  Tuesday)  regular  meeting  of 
common  council. 

(First  and  third  Wednesday)  regular  meeting  ot 
board  of  education. 

(First  and  third  Tuesday,  at  3  p.  m.)  regular 
meeting  of  board  of  police  commissioners. 
(First  Monday)  regular  meeting  of  board  of  water 
commissioners. 

(First  Thursday)  regular  meeting  of  board  ot  lire 
commissioners. 

(Second  Wednesday,  at  3  p.  m.)  regular  meeting 

of  public  improvement  commission. 

(First  Monday)  regular  meeting  of  board  of  health 

(Second  Tuesday)  regular  meeting  of  board  ot 

plumbers. 


INDEX. 


27. 


40, 


Accounts :  page. 

against  city   14,  l66, 

to  be  audited  by  common  council   u,  27,  41,  59 

common  council  to  prescribe  manner  of  keeping.  ' 

certain,  to  be  examined  by  common  council   15 

of  chamberlain,  and  other  officers  to  be  audited  

against  county  of  Albany  

city  officers  not  to  be  interested  in  

of  the  several  boards  g3?  qq  97 

how  presented,  filed  and  entered  

to  be  referred  to  "committee  on  auditing  accounts  " 

"committee  on  auditing"  

not  to  be  withdrawn  from  file  

Actions  : 

by  and  against  the  city  

by  the  city  : 

for  prosecutions  on  contracts,  etc  

for  violation  of  fire  law 


113. 


123, 
166, 


167 
167 
15 


59 
67 
124 
167 
167 
167 
168 


138, 


129, 
139. 


6 

21 
130 
140 
142 


to  foreclose  lien  of  taxes,  etc  

civil,  to  collect  taxes  

against  the  city  : 

to  be  commenced  when  

summons  in,  how  served. 

cost  in  

on  bond  of  constable,  how  prosecuted  

under  city  ordinances,  how  commenced  

by  taxpayer  against  fire  commissioner  

—  (See  'civil  service  law.') 
commenced,  not  affected  by  certain  acts 
Acts  : 

revising  charter.  ............. 

expense  of  preparing,  how  paid  

a  public  act  

to  limit  the  liability  of  the  city  of  Cohoes.  .......  172-173 

concerning  settlement  and  collection  of  arrearages  of  taxes  174-183 
authorizing  the  appointment  of  an  assistant  district  attorney 


168 
168 
168 
38 
46 
124 

170 

171 
170 
170 


public  improvement  act. 
the  public  health  law. 
the  general  city  law , . 


184 
185-210 
211-226 
227-250 


ii  Index. 

PAGE. 

Acts— continued.  2gg 

the  general  municipal  law   260-272 

the  public  officers  law   273-296 

the  civil  service  law   297-303 

establishing  hospital   q<u_W 

for  relief  of  board  of  education    dU4  duo 

changing  time    of   holding   annual  meeting  of  common 

council  and  commencement  of  fiscal  year   30*  308 

sundry  made  applicable  •  <■  •  8'  ' 

_  repealed   1^0,  183,  210,  295,  301,  302,  308 

Advertising  matter.    (See  'ordinances  passed  by  the  com- 
mon council.') 
Affidavits  : 


137,  166 

to  accompany  accounts   

to  be  evidence.  


to  be  filed  with  notice  of  sale  of  lands,  etc 


  176 

Agent.    (See  'ordinances  passed  by  the  common  council  ') 
Alarms,    (-ee  'ordinances  passed  by  the  common  council.') 

Aldermen  :  (. 

designated  ward  officers.  .  -  ^  ^ 

election  of     '  ' 

guilt v  of  misdemeanor,  when   -  ' 

may  not  be  appointed  to  office  of  profit  during  term   ^  n 

term  of  office  of .  .  .   •  •  •  ; 

to  serve  without  compensation  

powers  and  duties  of  : 

any  three  may  call  special  meeting  

alderman  may  act  as  mayor/™  tern  

powers  and  duties  of  alderman  as  mayor  pro  tern   12,  31 

may  not  vote,  when   ^ 

to  attend  meetings   '  ^ 

to  act  on  committees   

3-6 

to  cause  arrests   ^ 

to  report  neglect  of  duty  84  *88  n,  169 

as  fence  viewers  

may  solemnize  marriages    11 

may  sign  indentures  of  apprenticeship   3b  11 

to  receive  election  lists   n 

,    .  .  36  n 

as  to  mobs  and  riots  

to  grant  orders  for  the  relief  of  the  poor  

Alleys,    (-ee  'streets.') 
Amusements  : 

city  may  take  and  hold  property  for  purposes  of .  .  .  .  .  ^  

(>ee  also,  'ordinances  passed  by  the  common  council.') 

Animals :  ir> 

restraint,  impounding,  etc.,  of   

dead,  not  to  be  cast  into  city  waters   


Index.  iii 

Animals— continued.  PAGE. 

slaughtering  of,  regulated   21 

(See  'ordinances  passed  by  the  common  council also,  'ordi- 
nances of  the  board  of  health.') 
Annual  elections.    (See  'elections. ') 
Appointments  : 

by  the  common  council  24   26   27  70 

recommendations  for,    (See  'civil  service  law.') 
(See  also,  'officers.') 

Appropriations.    (See  'general  city  law.') 

Areas.    (See  'ordinances  passed  by  the  common  council  ') 

Art  : 

city  may  take  and  hold  property  for  the  purpose  of   6 

Ashes  : 

not  to  be  deposited  in  streets   lg 

(See  also^  <  ordinances  passed  by  the  common  council  '  and 
'  ordinances  of  the  board  of  health.') 
Assemblages.    (See  'ordinances  passed  by  the  common 
council.') 

Assessment-Rolls  : 

clerk  to  correct  clerical  errors  in   5q  5l 

to  be  made  by  board  of  water  commissioners   '  il8 

city  tax  to  be  levied  according  to   '  "  130 

to  be  evidence  of  right  to  vote  at  special  elections'. '. '. '. . . '   '  131 

designation  of  farm  lands  in   ig2 

duplicate,  to  be  prepared  by  common  council.  .  ' .' .' .  ' . . .  132 

completion,  correction  and  delivery  of             132  133 

notice  of  completion  of  review  by  assessors  ....  '132 

to  be  copied  by  clerk   "'  ^ 

hearing  by  common  council  in  reference  to  errors  of  a  cleri- 
cal nature  in  133j  ]34 

delivery  of,  to,  and  notice  of  receipt  of,  by,  chamberlain  134,  135  143 

special  tax  to  be  levied  according  to   '  166 

(See  also,  'public  improvement  act. ') 
Assessments  : 

how  ordered   ^ 

warrants  for,  to  be  issued  by  common  council.' ^ 

hearing  of  grievances  against    115>  133,' 134  154  163 

for  water  rents  m\  ng 

of  farm  lands   ......130,  132 

completion  and  review  of,  by  assessors   132  133 

description  of  land  in   

how  collected  135.' 136,'  152,  155,'  156',  160,  169 

for  general  city  taxes  _    \%Q 

special,  for  street  improvements,  how  made.  .   .  .  .  .     .     .  i51 

—  review  of,  for  street  improvements  •  .......  152 


lY  Index. 

PAGE. 

Assessments— continued. 

—  for  paving  and  grading  of  streets,  etc  «W»  ^ 

_  review  of,  for  paving,  etc  ■  •  •  ■    '   '  0 

—  for  sidewalks,  curbs  and  gutters  15».  1™. 

....  loo-lob 

—  for  sewers    ;  

appeal  to  county  judge  from  special  

local,  to  be  determined  by  common  council   lj>l 

—  notice  of,  to  be  given  •   ' 

,    lw 

hen  ot   ^ 

additions  to,  for  non-payment   

_  for  political  purposes,  etc.    (See  'civil  service  law.')  • 

(See  also,  'public  improvement  act.') 

Assessors :  g 

designated  city  officers  —  ^  ^ 

election  ot  '     '  ^ 

temporary  appointment  of  

term  of  office  of  

certificate  of  first  terms  of,  to  be  filed   ^ 

qualifications  of  '     '  ^ 

compensation  of   '  ^ 

removal  from  office  of   

powers  and  duties  of  :  ^ 

in  general   ^  ^ 

under  general  statutes  

in  relation  to  making  and  publishing  lists  of  exempt 

33  n 

property   33  n 

as  to  erroneous  assessments  

in  regard  to  assessments   » 

,  14o  n 

—  exempt  real  property  

 local  improvements  on  streets,  etc  

,  •     +  '  153,  154 

—  paving  of  streets  

—  sewers  

i  154,  lo5 

freeholders  to  act  as,  when   ' 

compensation  of  freeholders  acting  as  

(See  also,  'public  improvement  act.') 

Attorneys  :              (  22 

common  council  to  employ   ^  ^ 

city  attorney,  appointment  of   ^  '  53 

salary....    54 

term  of  office   ^ 

removal  from  office  of .    ^ 

bond  of  

general  powers  and  duties  of  : 

in  regard  to  actions  under  ordinances  

to  prosecute  on  bonds,  recognizances,  etc   47 

to  be  legal  advisor  of  the  city  and  its  officers,  etc .  .  53,  55  i 

to  draw  legal  documents  and  papers  for  city,  etc. .  53 

to  conduct  proceedings  for  local  improvements ....  53 


16 


Index. 

Attorneys— continued.  PAGE. 

to  take  charge  of  legal  business  of  city   53 

to  keep  account  of  moneys  and  fees  received  in 

conduct  of  business,  etc  ,   54 

to  furnish  opinions.   54 

to  appear  against  school  commissioners    71  72 

to  prosecute  actions  for  unpaid  taxes    188-140 

under  public  improvement  act ,   209 

^  may  be  employed  by  public  improvement  commission . .  188 

assistant  district  attorney  resident,  appointment  of  ....  184 

Auctions  and  Auctioneers.    (See    ordinances  passed  by 

the  common  council.') 
Auction  sales  : 

regulated  and  licensed   1(, 

for  taxes   ^ 

lands  to  be  sold  at,  for  lien  of  judgments,  etc                 '  '  '  222 

Auction  stores  : 

regulated  

Automobiles.      (  See  '  ordinances  passed  by  the  common 
council.') 

Awnings.    (See  '  ordinances  passed  by  the  common  council.') 
Badges.    (See  <  ordinances  passed  by  the  common  council  ') 
Bail : 

recorder  may  admit  felons  to  

Ball  alleys.    (See  'ordinances  passed    by  the  common " 
council.') 

Ball  playing.    (See  'ordinances  passed  by  the  common 

council.') 
Ballot  boxes: 

board  of  police  commissioners  to  provide  etc 
Ballots: 

character  of .  

Bankrupt  stock.    (See  '  ordinances  passed  by  the  common 
council.') 

Barber  shops.    (See   'ordinances  passed  by  the  common 
council.') 

Bastards : 

support  of,  etc.,  by  overseer  of  poor  

Bastardy  cases  : 

jurisdiction  of  the  recorder  in  

power  of  overseer  of  the  poor  to  settle 
Bathing  : 

regulated  by  common  council  

( See  also,  '  ordinances  passed  by  the  common  council  ') 
Bay-window  :  ' 


45 


93 


59 

43 
61 

16 


construction  of,  regulated  .„   jg 

(See  also,  '  ordinances  passed  by  the  common  council.')  '  " 


vi  Index. 

PAGE. 

Bicycles.    (  See  'ordinances  passed  by  the  common  council.') 

Billiard-rooms : 

to  be  licensed   ...... 

(See  also,  'ordinances  passed  by  the  common  council.') 
Bill  posting.    (See  'ordinances  passed  by  the  common  council. ') 
Bills.    (See  'accounts.') 

Boats.    (See  'ordinances  passed  by  the  common  council.') 

Bonds :  98 

of  the  city,  to  be  executed  by  the  mayor  •  • .  •     ^  » 

to  be  executed  by  sundry  officers   35,  37,  49,  68,  69  113 

sureties  in,  to  be  approved  by  common  council   24,  by 

,  .  69 

penalties  m  

liability  of,  how  long  continued  

r    c  r  ....    38,    4 1 

actions  on  forfeiture  of   11  ft  i  T 

issued  for  water  purposes,  payment  of,.,   lld'  llb' 

public  improvement  bonds  

issued  for  hospital  purposes  ■  • ; 

(See  also,  'public  improvement  act,'  'general  municipal 
law'  and  '  public  officers  law.') 
Bone  establishment.    (See  '  ordinances  passed  by  the  com- 
mon council.') 

Books:  ... 

belonging  to  city,  common  council  to  care  for.  

ordinances  to  be  reported  in  

receipts  and  payments  to  be  entered  in,  by  chamberlain ....  48 
certain,  to  be  furnished  by  common  council  or  city  ...  .  48,  51,  14 
etc.,  in  clerk's  office,  to  be  arranged,  etc.,  and  produced  for  v 

inspection  on  demand   50> 

for  licenses  and  warrants  

and  papers  of  outgoing  officers  to  be  delivered  to  successors   54,  MS 

of  records  of  streets,  etc.,  to  be  made  and  kept   55,  14< 

of  accounts,  etc.,  of  board  of  education  to  be  open  to  in-  ^ 

sPection 80  83 

text-books  for  indigent  pupils  

for  complaints  and  police  records,  to  be  kept  by  board  of  ■ 

police  commissioners  

Boundaries :  12 

of  the  city     V  Jj 

of  the  wards  

Bowling-alleys : 

to  be  licensed  "  f  

(See  also,  '  ordinances  passed  by  the  common  council.') 
Boxes.    (See  '  ordinances  passed  by  the  common  council.') 
Bread.    (See  '  ordinances  passed  by  the  common  council.') 


Index.  vii 

Bridges  :  PAGE 
construction  and  repair  of,  to  be  supervised  by  superinten- 
dent of  streets   5^ 

(See  also  '  general  city  iaw  '  and  '  ordinances  passed  by  the 
common  council.') 

Buildings : 

public  city,  may  take  and  hold  land  for  the  erection  of.  .  .   .  6 

purchase  of  ground  for,  and  erection  of   16 

numbering  of   ^ 

encroaching,  regulations  concerning   17  -jg 

moving  of,  through  streets,  etc.,  regulated.   19 

manner  of  erecting  of,  regulated   22 

for  use  of  fire  department,  money  for,  how  raised.   125 

in  fire  limits,  to  be  of  what  material  12g  129 

(See  also,  'ordinances  passed  by  the  common  council.') 

Building  Materials: 

deposits  of,  in  streets  regulated   17 

(See  also  'ordinances  passed  by  the  common  council.') 

Burial  and  burial  permits.    (See  ' public  health  law.') 

Burial-grounds  : 

city  may  take  and  hold  property  for.   ji 

Burials.    (See  'ordinances  of  the  board  of  health.') 
Burning  fluids : 

inspection  of,  to  be  provided  for,    19 

Butcher  shops.    (See  'ordinances  passed  by  the  common  council.') 
By-laws.    (See  'ordinances.') 
Cabmen  : 

to  be  licensed.  ...  - 
  15 

Candle  manufactories.    (See  'ordinances  passed  by  the 

common  council.') 
Canvass  of  votes.    (See  'elections.') 
Cars : 

speed  of,  to  be  regulated   ^ 

not  to  obstruct  streets,  etc  

(See  also,  '  ordinances  of  the  common  council.') 
Cartmen  : 

to  be  licensed  

  15 

Cattle : 

to  be  restrained,  etc.,  from  running  at  large   15 

(See  also,  'ordinances  passed  by  the  common  council'  and 
'  ordinances  of  the  board  of  health.') 

Cellars.    (See  'ordinances  passed  by  the  common  council.') 

Cemeteries : 

to  be  managed  by  the  common  council   16 


viii  Index. 

PAGE. 

Census  : 

to  be  provided  for  by  common  council   24 

Certificates : 

of  sale  for  unpaid  taxes   139>  l76'  177 

222 

—  for  unpaid  judgments  

of  indebtedness  for  hospital  purposes  ••  298 

—  in  anticipation  of  assessments  for  public  improvements. . .  207 
of  plumbers.    (See  'general  city  law.') 

Chamberlain  : 

appointment  of   26' 

accounts  of,  to  be  audited  by  common  council   27 

to  retain  warrants   48 

48 

to  make  annual  report  

to  deposit  public  moneys,  where  •   49 

to  be  treasurer  of  funds  of  the  several  boards    49 

term  of  office,  office  hours  and  salary  of  ■  •  ■  49 

bondof   49'  6? 

.  ....     ,    49,  146 

liability  of  

assessment-roll  to  be  left  at  office  of  

to  receipt  for  assessment-roll   1   134,  155,  159.  202 

to  pay  contractors,  when  •  166'  205 

to  countersign  public  improvement  bonds  

powers  and  duties  of: 

•i                                                        ..  47,  48 
in  general   ' 

in  regard  to  collection  of  taxes  and  assessments  

 48,  139.  140,  143,  145,  169 

—  receipts  and  disbursements  of  public  moneys   48 

—  collection  and  payment  of  fees  and  interest   49 

—  drafts  of  board  of  police  commissioners   . .  93 

—  salaries  of  police  force  101  -  102 

—  drafts  of  board  of  water  commissioners   H8 

—  collection  of  water  rents   1LU 

—  public  improvements.  166,  202,  205,  207,  208 

—  sale  of  property  for  unpaid  taxes   174-183 

as  to  disposition  of  balance  of  proceeds  of  sales, 

under  lien  law   49  n 

to  set  apart  moneys  for  certain  purposes: 

for  use  of  schools   80- 

for  use  of  board  of  fire  commissioners   123 

for  highway  and  bridge  fund. . ,  :   162 

(See  'disbursing  officers,'  'civil  service  law.') 

Charity : , 

city  may  take  and  hold  property  for  purpose  of  

Chief  Engineer.    (See  'engineer.') 
Children  : 

number  of,  of  school  age  to  be  reported   » • 


Index.  jx 


Chimneys.    (See  'ordinances  passed  by  the  common  council, ')  PA°E' 


Circuses  : 


to  be  licensed,  etc    ^ 


City  attorney.    (See  'attorneys.') 
City  bills.    (See  "general  city  law.') 
City  hall  : 


care  of,  and  station  house.   13  n  jgg 

City  of  Cohoes  : 

boundaries  of   ^  2 

wards  of                                                               *•*'"'*•"  '  n  ' 

  a— b 

corporate  name  and  powers  *;  <  q 

officers  of   „ 

,   •   o 

suits  by,  and  against.   ^ 

seal  of  r   g 

may  acquire  and  dispose  of  real  and  personal  property'       "  6 

accounts  against   14>  ^  16? 

bonds,  contracts,  etc.,  how  executed   28  188  205 

-  of  officers  of.  ['[[']  [[V  ']      [  ^  m 

not  included  m  school  commisssoner's  district   84 

not  liable  for  debts  contracted,  when  87,  124,  151 

to  be  regarded  as  a  town,  when                                        '  '  168 

not  liable  for  costs,  when  ;  16g 

liability  of,  limited                 172  204 

claims  against,  to  be  presented  to  common  council.  .......  '  173 

limitation  of  action  on  claims  against   ^73 

Civil  service  law,  The  : 
definitions  : 

use  of  terms  in   274 

duties  : 

of  public  officers  to  conform  to  act   275 

service  : 

kinds  of.   276 

classified  city  service  : 

rulesfor   276 

municipal  service,  commissioners  for   276 

appointments  of  commissioners,  how  made   277 

mayor  to  approve  rules  for   277 

authority  concerning,  restricted   277 

examinations  for,  to  be  public.   277 

municipal  commission  to  control  examinations  for.  ... .  277 
state  commission  to  appoint  local  commissioners  to 

supervise,  when.  ...                                            .  o^r- 

,  .            ..    4(  < 

state  commission  to  prepare  rules  for,  when   277 

report  of  state  commission's  appointees   278 

roster  copy  of,  to  be  transmitted  to  state  commission .  .  278 

removal  of  municipal  ccmmissioners   278 


x  Index. 

PAGE. 

Civil  Service  Law,  The— continued. 

appointments  in  case  of  removal  of  municipal  commis- 
sioners  279 

rules  for,  to  be  amended,  etc.,  by  state  board,  how.  ... 


officers  and  positions  under   280 


action  regarding  amendments,  etc.,  by  state  board.  .  . 
officers  'c 
exempt  class  : 

positions  included  under  

no  exemption  unless  special  mention  made  

competitive  class  : 

positions  included  under  

appointments  under,  how  made,  

appointments  under,  to  conform  to  examination   281 

examinations  under,  to  be  made   28 1 

281 

state  service  under  

282 

terms  of  eligibility  under  

list  of  requirements  in  examinations  for,  to  be  prepared  282 

intending  competitors  for,  to  file  applications   282 

contents  of  such  applications  

certificates  of  physicians,  etc.,  may  be  required  to  ac- 

282 

company  application  

security  for  positions  in   ^  28S 

exceptions  from  examinations  under  •  283,  284 

284 

promotions  under  •    

regulation  of  promotions  under   : " 

non-competitive  class  :  ^ 

how  composed  

appointments  in,  how  made   

labor  class: 

  285 

m  clties 285 
vacancies  in,  how  filled  •  

in  separate  localities    2s> 

official  roster  :  report  of  appointing  officers  : 

examination  requisite  to  appointment  

*  28fi 
reports  of  appointing  officers  

official  roster  of  state  commission,  entries  in,  etc  

official  roster  of  city  commissions,  entries  in,  etc   286 

disbursing  officers  : 

prohibited  from  authorizing  or  making  payment,  to 

officers,  etc.,  not  certified   287 

persons  in  public  employment  entitled  to  be  certified .  . 

recovery  of  moneys  paid  in  violation  of  law    288 

preferences  : 

allowed  honorably  discharged  soldiers  

refusal  to  allow,  a  misdemeanor,  when  

power  of  removal:  ^ 

limited  ; 989 

wrongs  of,  how  remedied  


Index. 

Civil  Service  Law,  The— continued.  PAGE, 
misdemeanors: 

obstructing  right  of  examination,  a   290 

false  representations  as  to  examinations,  a ........ . .' .'  291 

impersonations,  a   292 

recommendations  for  appointment  or  promotion: 

riot  to  relate  to  political  affiliations   291 

no  discharge,  etc.,  for  refusal  to  contribute  to '  political 
fund  

„n     .     ,    291 

coercion  by  persons  in  service  prohibited   392 

political  assessments  : 

prohibited............   292 

persons  in  charge  of  public  buildings  may  prohibit  "  "  292 
punishment  for  violation  of  provision ...  293 

officers   or   candidates  not   to    promise    influence,'  etc."; 
definitions  : 

promise  or  use  of  influence  for  certain  purposes  to  be 

deemed  bribery,  etc   39g 

public  officer  using,  etc.  authority  to  coerce]  etc  '  Vote's' 

guilty  of  bribery   ^  '  ^ 

punishment  for  such  bribery   oqo 

witnesses  : 

attendance  of 

f      ,  ••••••   294 

tees  for  non-payment  of,  etc   g94 

duties  of  public  officials  concerning  enquiries  before 

commission   nni 

  ^m4- 

taxpayer's  action  : 

not  restricted  

proviso  with  regard  to  394 

saving  clause,  provisions  of  

repeal,  of  acts,  etc  

■   295 

Claims.    (See  'accounts.') 

Classified  service.    (See  'civil  service  law.') 
Clerk  : 

of  the  city  : 

appointment  of  

salary  and  term  of  office  of    '  52 

his  office  a  town  clerk's  office,  etc.  gj 

copies  of  records  certified  by,  evidence.  ... "  ko 

records  of,  to  be  examined   15 

powers  and  duties  in  general  '       50*    51  5o 

duty  in  regard  to  accounts   ' 1 67'  168 

-assessment-rolls  TZZZZ    50,  133 

—  appropriations  for  street  improvements   56  57 

—  elections.  ...  '  '  ' 

.  ,  ;   9,  10,  50 

—  special  elections  

  ldl 


xii  Index. 

PAGE. 

Clerk — continued. 

to  keep  files  of  papers,  etc   ^ 

to  report  condition  of  funds  

duty  in  regard  to  drawing  of  jurors   ^ 

to  countersign  licenses  and  warrants  

to  keep  account  of  city  moneys,  etc   . 

to  notify  persons  elected  or  appointed  to  office  10,  10  n,  54,  141 

to  notify  inspectors  of  election  as  to  polling  places,etc. 

to  deliver  to  chamberlain  copy  of  resolutions  relating  to 

£    51 

finances  

7-                                                26  50 

duty  in  regard  to  ordinances   ^ 

-resignations  ■£  ^ 

—  unpaid  taxes   ^ 

pro  tern,  may  be  appointed  

powers,  duties  and  compensation  of,  as  clerk  pro  tern..  54 
general  statutes  relating  to  and  affecting  : 

notices  to  be  served  on  board  may  be  served  on 

,    .  52  n 

clerk  

as  to  filing  of  marriage  certificates,  and  fees   &d  n 

as  to  duties  with  regard  to  elections   °3  n 

documents,  etc.,  of  justices'  of  the  peace  to  be  de-  ^ 

posited  with  

slips  of  laws,  etc.,  to  be  sent  to   "K>  :: 

enrollment  of  persons  liable  to  military  duty  to  be 

.    ...  .  .  53  n 

filed  with  

as  to  duties  with  regard  to  application  of  aliens  to 

become  citizens   ^  n 

as  to  relief  of  poor  veterans,by  G.  A.  R   53  n 

as  to  duties  in  relation  to  taxes,  etc   53  n 

as  to  filing  of  chattel  mortgages  with   53  n 

  50 

of  common  council..  

of  public  improvement  commission   52  n,  188,  4U^ 

compensation  and  duties  of.  

(See  also,  'public  improvement  act.') 

of  board  of  education,  appointment  of   73 

powers  and  duties  of  •  73>  74'    /9»  °  ' 

of  board  of  fire  commissioners,  appointment  and  salary  of .  .  121 

Coasting  :  16 

regulated  

Cohoes  Company  : 

water  from  canals  of   ' 

refuse,  etc.,  not  to  be  deposited  in  its  canals  

Combustibles :  9Q 

storing,  etc.,  of,  regulated  

Commissioners: 

to  appraise  damages  for  local  improvements  148,  loo 


Index.  xiii 

Commissioners— continued.  PAGE, 

qualifications  and  duties  of   I4g 

compensation  of  

(See  also,  'public  improvement  act.') 

Commissioners  of  deeds : 

appointment  of  :   27  62 

powers,  fees  and  term  of  office  of  '  27*  62 

oath  of   '  /?o 

  62 

engineer  and  surveyor  to  be,  ex-officio   56 

general  provisions  of  law  relating  to   62  n 

Common  council  : 

how  composed   ^ 

meetings  of  : 

annual,  time  of.   -q 

regular,  when  held   ^ 

special,  how  called  

presiding  officer  of  _  _  '  j0 

proceedings  of  : 

who  entitled  to  vote  at,   22 

minutes  of,  to  be  public    ^ 

council  to  determine  its  rules  of  proceedure    12 

quorum  of  \  ^ 

rules  and  regulations  of   Q 

votes  of,  on  tax  or  assessment   j2 

to  be  judge  of  election  of  its  members  

members  of,  not  to  vote  money  when  fund  is  depleted   28 

—  guilty  of  misdemeanor,  when   28  119 

powers  and  duties  of,  viz  : 

in  regards  to  accounts  against  the  city  14,  59,  166  167 

—  accounts  of  officers   15,  27,  41,  60,  6l'  166 

—  actions  by  and  against  the  city.  

to  restrain  animals  from  running  at  large 

to  regulate  slaughtering  of  animals  

in  regard  to  appointments  

(See  also  'officers.') 

—  assessments  

—  assessment-rolls  

to  prefer  charges  against  assessors  

to  employ  attorneys,  etc .  .  .  .  . 

to  compel  attendance  of  members  

to  regulate  auction  stores  and  sales  

—  bathing  in  waters  of  city  

—  ringing  of  bells,  etc  , , 

—  bicycle  riding  

—  billiard-rooms,  bowling-alleys,  etc  

in  regard  to  bonds  of  officers  

to  furnish  books,  etc.,  for  public  uses  


138,  142 

15 

21 

70 

12, 

24 

132, 

133 

33 

22, 

26 

13 

16 

16 

22 

16 

16 

24, 

68 

48, 

51 

xiv  Index. 

PAGE. 

Common  council— continued. 

in  regard  to  buildings  : 


purchase  of  ground  for  erection  of  public . 


10 


enchroaching  on  streets,  etc  •  17 

numbering  of   i 

moving  of,  through  streets   u 

projection  of,  on  or  over  streets   19 

manner  of  erecting  of..  

to  regulate  the  burial  of  the  dead  

to  provide  for  inspection  of  burning  fluids .  .   20 

to  enact  by-laws,  etc  

to  license  cabmen,  cartmen,etc  

to  regulate  the  speed  of  cars,  etc   ^ 

to  manage  cemeteries ..  

to  provide  for  census  of  population   :  4 

in  regard  to  claims.    (See  in  regard  to  'accounts.') 

to  regulate  coasting,  etc ...  

to  exercise  corporate  powers,  etc.   ; 

to  prosecute  upon  contracts,  etc  .•  ^1 

members  not  to  be  interested  in  contracts   H9 

in  regard  to  corporations  •    18'  160'  161 

V  .  .  21 

—  c°sis     _  16Q 

—  curbs  and  gtitters  • 

to  pay  public  debt.  

to  contract  debts  and  liabilities  of  city  

to  prevent  deposit  and  compel  removal  of  dirt  from 

streets,  etc   ^  ' 

to  suppress  disorderly  assemblages,  etc   14 

to  regulate  taxing  and  muzzling  of  dogs  

to  prevent  immoderate  driving   i  ! 

to  suppress  drunkenness  

in  regard  to  duties  of  officers.     (See  in  regard  to 
' officers. ') 

—  board  of  education  : 

to  consider  and  act  upon  annual  estimate  of   79 

to  raise  money  for  its  use   80  >  81 

to  sell  property  on  its  recommendation   95 

to  provide  rooms  and  accomodations  for  

to  judge  of  the  election  and  qualifications  of  its  own 

members     ^  ^n 

7  28  28 

in  regard  to  election  districts                                         '>  *°>  * 

—  elections  : 

to  defray  expenses  of   ~ ' ^ 

to  designate  polling-places  of  

to  canvass  returns  of   ^ 

—  special  elections.  •  

—  encroachments  on  Streets,  etc   ^ 

to  license  exhibitions,  etc  


Index.  xv 

Common  council — continued.  PAGE. 

in  regard  to  expenses   21  170  171 

to  regulate  sale  and  use  of  explosives   '  20 

to   fix  fees  of  certain  officers.       (  See  in  regard  to 
'officers. ') 

to  prevent  defacement  of  fences,  etc   21 

in  regard  to  board  of  fire  commissioners  : 

to  raise  money  for  buildings  for   125 

to  approve  sale  of  real  estate  of   123 

to  provide  engine  houses,  etc.,  for  fire  companies.  23 


to  remove  members  of 


120 


to  prevent  discharge  of  firearms   22 

to  impose  certain  fines.  ..  

to  regulate  sale  of  fish,  etc  

to  prohibit  gambling  

to  restrain  gambling-houses 


•  •  •  •  •   168 

  21 

  16 

  14 

to  prohibit  certain  games,  etc   21 

to  regulate  the  disposition  of  garbage  \\ 

to  prevent  the  swinging  of  gates  over  walks   19 

to  license  hackmen,  etc   15 

to  regulate  hawking  and  peddling  in  streets  '  '  16 

to  appoint  board  of  health  \\'  213 

as  commissioners  of  highways  .   ....  146 

to  lease  and  sell  hospital  property   13 

to  suppress  houses  of  ill-fame,  and  punish'  keepers 

thereof  

   14 

to  appoint  inspectors  of  election..  ...    23  39 

to  provide  fail.  ".  .7    .   .        23?  95 

—  for  publication  of  laws,  etc   '  24 

to  contract  liability  against  city           13 

to  appropriate  moneys  for  libraries,  etc  

to  grant,  or  empower  mayor  to  grant,  licenses  '.  '.  '.  . .'  * .  .  15 

to  revoke  licenses  

to  provide  gas  and  other  lights  

to  regulate  the  sale  of  liquors  ...........  u 

—  speed  of  locomotives  \ 

to  direct  the  digging  down  of  lots  ' .... 

to  designate  and  alter  numbers  of  lots  

to  cause  maps  to  be  made  of  city  and  wards.  .  .  .  .  .  . 

to  designate  acting  mayor  

to  call  meetings  of  inhabitants. 

to  judge  of  election  of  members                  

to  prevent  noise,  tending  to  disturb  the  peace'. . . . 92 

to  prescribe  the  length  of  notices  * 

to  abate  nuisances,  etc  

in  regard  to  officers  : 

to  appoint  certain   22,  24,  26,  27,  63,  64,  109,  120  213 

to  audit  accounts  ^   ^  gQ 


14 
20 


xvi  Index. 

PAGE. 

Common  council — continued. 

to  examine  accounts  of  

,      ,     f  24  68 

to  approve  bonds  of    *  » 

to  prescribe  duties  of   14,15,50,53,55,56,  63 

to  elect  certain,  in  case  of  tie  vote   10 

to  fix  fees  and  compensation  of   14,  62,  155 

to  provide  office  rooms,  etc.,  for    ^ 

to  remove  certain,  for  cause,  etc   13,  54,  57,    61,  70 

to  publish  report  of  chamberlain    49 

to  examine  statement  of  superintendent  of  streets   ^  57 

to  fill  vacancies  in  office   63 *  64 

to  license  omnibuses  " 

to  make,  report,  etc.,  ordinances   ' 

to  designate  an  official  paper  

to  lay  out,  etc.,  a  public  park  

in  regard  to  paving  of  streets,  etc   15^~  ^ 

to  license  pawnbrokers   ^ 

to  preserve  peace  and  order  

to  regulate  peddling,  etc. .  in  streets  

to  designate  polling  places  ■   _ 

to  establish  and  regulate  pounds  

to  protect  inhabitants  and  their  property   _ 

to  purchase  provisions  for  relief  of  poor  

in  regard  to  public  improvements  :  ^ 

str\etc  .v::.56'  I.™ 

sldewalkS 162-165 
sewers  

(See  also,  'public  improvement  act.') 

concerning  public  property  :  ^ 

to  provide  for  care  of  

to  control  and  manage   * 

to  insure   ^ 

to  repair ■ '    *"  1H  orj 

to  sell,  lease,  etc  ••■  •  10'  °' 

,  .,  .  16 

to  prohibit  racing  

to  repair  railings  at  exposed  places   jj 

in  regard  to  railroad  companies  

to  make  regulations,  etc  -  

15 

to  license  runners,  etc,  

to  determine  rules  of  proceedings  

to  regulate  the  construction  of  sewers  

In  regard  to  sidewalks  : 

to  compel  removal  of  dirt,  etc,,  from   ** 

to  regulate  use  of   . 

to  license  skating-rinks  

to  direct  location  of  slaughter-houses   ' ^ 

to  license  stages,  etc  •   ^ 

to  provide  station-houses,  etc   •  ' 


J 


Index. 


Common  coui 


as  to  acquiring  land  for  burial  purposes 
public  libraries. 


—  appropriations  for  Memorial  Day.  .  .  ; 

may  consent  to  use  of  streets  for  railroad  purposes 
as  to  voting  machines  

Competitive  class. 


16, 


-continued. 

to  regulate  construction  of  stoops,  etc  

to  fix  stoop-line  

to  regulate  the  storing  of  combustibles  

in  regard  to  streets  : 

to  cause  them  to  be  ascertained  and  recorded 

to  lay  out,  make  and  open  

to  cause,  to  be  surveyed  

to  pave,  etc.  

to  designate  and  alter  names  of,  

to  advertise  for  bids  for  paving  and  grading. ..... 

encroachments,  etc.,  on  

to  prevent  deposits  in  

to  prohibit  projections  over  

—  hanging  goods,  etc. ,  over  

in  regard  to  taxes  : 

to  issue  warrants  for  

to  raise  for  city  purposes  

to  insert  in  levy  amount  required  by  plumbing  board  .  . 

to  raise  extraordinary  

to  re-assess.  

to  collect  by  action   "  138 

to  regulate  the  stringing  of  telegraph  and  telephone  "poles! 

—  planting,  etc.,  of  trees  

to  provide  for  the  punishment  of  vagrants. 

to  reconsider  veto  

to  establish  boundaries  of  wards  

to  prevent  pollution  of  waters  

to  provide  for  general  welfare  

to  regulate  use  of  weights  aud  measures   

,  —  places  of  weighing  

powers  and  duties  under  general  statutes  : 

as  to  appointment  of  members  to  office  

—  auction  and  auctioneers  

—  construction  of  lift  bridges  over  canals  

—  regulating  interment  in  cemeteries. 

—  payment  to  charitable  institutions  

—  investigating  diseases  of  cattle  

—  extra  compensation  to  public  officers  

—  refunding  bonded  indebtedness  of  city  


XVII 

PAGE. 


19 
25 
20 

147 
147 
147 
152 
17 
156 
17 
17 
19 
19 

24 
180 
241 
131 
137 
142 

21 

21 

14 

30 

16 

16 

14 

24 

20 

25  n 
25  n 
25  n 
25  n 
25  n 
25  n 
25  n 
25  n 


shall  add  judgments  to  tax  levy   25  n 


25  n 
25  n 
25  n 
25  n 
25  n 


(See  'civil  service  law.') 


xviii  Index. 

PAGE. 

Constables  : 

designated  ward  officers   jj 

election  of  •   ^ 

term  of  office  of     1 

powers  and  duties  of  : 

i    OO 

in  general  

in  relation  to  collection  of  taxes  and  assessments   38,  136 

—  sale  of  property  for  unpaid  taxes   136,  145 

Contracts  : 

to  be  prosecuted  by  common  council   y 

of  city  to  be  executed  by  the  mayor   : 

city  officers  not  to  be  interested  in   61,  67,  89, 119,  208 

security  for,  to  be  given   89,  156 

work  to  be  done  by   89,  156 

board  of  water  commissioners  may  make                HO,  111,  116,  117 

chamberlain  directed  to  pay  sums  due  under   166 


of  public  improvement  commission,  to  be  executed  by  chair- 


188 


man   •  •  •  

(<ee  also,  '  general  city  law.') 
Corporate  name  of  city : 

shall  be  "  City  of  Cohoes  "  •  

Corporations  : 

city  to  be  a,  in  perpetuity  

powers  of  city  as  a     6 

to  construct  sidewalks,  etc   18,  160 

board  of  education  a  body  corporate   71 

how  assessed  for  taxes  130,  131 

street  railways  to  pave  portion  of  streets  152,  153 

word  "  person  "  to  include   170 

Costs  : 

in  action  to  foreclose  lien  of  taxes,  etc  139,  140 

city  not  liable  for,  when   l^8 

(See  also,  '  fines.') 
Courts  : 

of  justices  of  the  peace   34  n 

of  special  sessions,  to  be  held  by  the  recorder   ...  43 

Criminal  process  : 

to  be  issued  by  the  recorder   42 

to  be  served  by  the  police   47,  101 

expense  of  .  102,108 

Crossings  : 

obstruction  of,  prohibited   17 

of  railroads,  flagmen  or  gates  to  be  kept  at   19 

paving,  etc.,  ot,  how  paid.  .   152,  194 

(See  also,  '  ordinances  passed  by  the  common  council.') 


Index. 


XIX 


Curbs:  vac  e. 

to  be  of  what  material   _ 

construction  of  

(See  also,  '  ordinances  passed  by  the  common  council/) 
Damages  : 

for  street  improvements  _    148-151 

for  re-grading  streets,  how  determined 
(See  also, 


and 


general  municipal  law 
ment  act.  ') 

Deaths.  (See  'ordinances  of  the  board  of  health.') 
Debt: 


158 
160 


155 


public  improve  - 


against  city,  or  liability,  to  be  contracted  by  common  coun- 
cil only   _ 

public,  to  be  paid  by  common  council  

board  of  fire  commissioners  not  to  contract,  beyond  its 

credit  

funded  

funded  and  bonded  ...   

limitation  of  municipal  power  to  contract  

(See  also,  'general  municipal  law.') 
Deeds:  for  city,  etc.: 

to  be  drawn  by  city  attorney  

to  be  executed  by  mayor  

Definitions  : 

of  person.  

(See  also,  'civil  service  law.'  'general  city  law,'  'ordinances 
passed  by  the  common  council,' and  'ordinances  of  the 
board  of  health.') 

Detective  staff : 

to  be  organized  

Detectives.    (See  <  ordinances  passed  by  the  common 

council.') 
Dirt  and  Rubbish  : 

to  be  removed  

not  to  be  deposited  in  streets,  etc  

(See  also,  '  ordinances  passed  by  the  common  council.  ') 
Disbursing  officers.    (See  'civil  service  law.') 
Diseases : 


56 
27 

in 

252 
253 
204,  252 


53 
28 

171 


100 


duty  of  board  of  health  in  regard  to  contagious  and 


tious 


infec- 


(See  also,  '  public  health  law  '  and  '  ordinances  of  the  board 
of  health.  ') 

Disinfection.    (See  '  ordinances  passed  by  the  common  coun- 
cil' and  '  ordinances  of  the  board  of  health.') 


219,  220 


xx  Index. 

PAGE. 

Disorderly  assemblages  and  houses: 

to  be  suppressed  by  common  council  

Disorderly  persons: 

to  be  restrained  and  punished  x*>  » 

powers  of  overseer  of  poor  in  regard  to  

Disturbance  of  the  peace : 

punishment  for  •  

Dockets :  3g 

of  justices  of  the  peace  

to  be  open  for  public  inspection    6  >  ^ 

of  the  recorder  

Dogs :  15 

taxing,  muzzling  and  confining,  etc.,  ot  

Drains.  (See  '  sewers,'  also,  '  ordinances  passed  by  the  com- 
mon council '  and  '  ordinances  of  the  board 
of  health.') 

Draymen :  15 

to  be  licensed   

Driving  :  A 

at  an  immoderate  rate,  prohibited  •  

(See  also,  'ordinances  passed  by  the  common  council.') 

Drunkards :  p 

to  be  punished  by  the  recorder  

duty  of  overseer  of  the  poor  in  regard  to  

Education  : 

city  may  take  and  hold  property  in  trust  for  purpose  of ... . 

Education,  Board  of  :  ^ 

official  style  of.   ^ 

how  constituted   ^Q 

meetings  of,  when  and  where  held  .   ~ 

£    "  & 

quorum  01   ^ 

vote  required  in  certain  cases  

president  of,  when  and  how  elected   ^ 

powers  and  duties  of   1  ' 

president  pro  tempore,  when  appointed  

clerk  of,  appointment  and  term  of  office  

duties  of,  as  clerk  and  librarian   73> 

f    74,  82 

salaryof   9o 

rooms,  etc.,  for,  to  be  provided  by  common  council  

members  of,  how  removed  from  office   ^ 

personally  liable,  when  

not  to  be  interested  in  contracts  

guilty  of  misdemeanor,  when  .  

not  to  receive  compensation   

general  powers  and  duties  of  board,  viz  : 

to  receive  bids  for  work,  etc   79,  80,  83.   84,  89 


Index.  xxi 

Education,  Board  of — continued.  PAGE. 

to  pay  contingent  expenses   go 

to  fix  the  grades  of  study   7g 

to  pass  ordinances,  etc   35 

in  regard  to  non-resident  piipils   87 

to  make  rules  for  government  of  schools   76 

to  supply  and  purchase  school  apparatus    80,  82 

to  purchase  sites  for,  build,  lease,  alter,  repair  and  im- 
prove school  houses   82 

to  have  custody  of  school  libraries   72 

to  apportion  school  moneys  to  certain  uses                    .  81 

to  recommend  sale  of  school  property   84 

to  establish  and  organize  schools   83 

to  superintend  and  manage  schools   84 

to  report  to  state  superintended   84 

to  appoint  superintendent  of  schools   75 

to  license,  employ,  pay  and  remove  teachers   83,  84 

to  examine  teachers    75  77 

in  regard  to  text-books                                              79  80  83 

—  vacancies  in  board   71 

rules  and  regulations  of   357  n 

Election  districts  : 

change  of   ^  23 

polling  places  in,  to  be  designated   7^     g'  n 

Elections  : 

common  council  to  designate  polling  places  of  .   7 

annual  election,  when  held.   7 

inspectors  of,  no  longer  elected                                     .  7  n 

—  to  be  notified                             \\   g 

notice  of ,  to  be  published  and  posted   8 

duties  of  inspectors  in  reference  to   8  9 

time  of  opening  and  closing  of   8      8  n 

who  entitled  to  vote  at   8 

canvass  of  votes  at   q 

expenses  of,  how  defrayed   23 

duties  of  police  board  in  regard  to   93  jo5 

—  police  force  at   100,  10l[  105 

crimes  on  day  of,  how  punished   10g 

special,  for  certain  purposes  : 

in  case  of  tie  at  annual   

first  in  sixth  ward   10  jj 

to  raise  money  for  extraordinary  purposes   V6\ 

to  construct  main  sewers   1 

—  how  conducted.   g,  9,  131,  164 

Electric  lights  : 

location  of     405-410 


xxii  Index. 

PAGE. 

Encroachments  : 

on  streets,  etc.,  removal  of   *l 

(See  also,  '  ordinances  passed  by  the  common  council.') 

Engineers  : 

engineer  and  surveyor  of  city  : 

appointment  of   *°»  00 

general  powers  and  duties  of  

to  keep  books  and  records  of  streets,  etc   55 

to  be  ex-officio  commissioner  of  deeds   56 

salary  of  

bond  and  sureties  of  

to  perform  duties  required  by  public  improvement  com- 

20Q 

mission  

chief  engineer  of  fire  department,  appointment  and  salary  of  122 

to  be  fire  marshal  

duties  of   125,  126 

inspection  of  fire  escapes,  by   126  n 

assistant  engineers  of  fire  department,  appointment  and 

salary  of  •  •  ■  •   1 

of  public  improvement  commission   188 

Engine  houses: 

to  be  provided  by  common  council   4,1 

(See  also,  '  ordinances  passed  by  the  common  council.') 
Exempt  Class.    (See  'civil  service  law.') 

Exhibitions,  etc.  : 

to  be  regulated  by  common  council   15 

(  See  also,  '  ordinances  passed  by  the  common  council.') 

Expenses : 

of  elections  to  be  defrayed  by  common  council   '  ; 

of  connecting  water  pipes   H6 

of  water  board,  how  regulated   110 

of  street  improvements   148,  151,  152,  156,  157 

(See  also,  'public  improvement  act.') 

of  constructing  sidewalks.   1^8 

of  cleaning  streets   1^1 

of  constructing  and  repairing,  etc.,  of  sewers   163,  165 

of  preparing  charter  act,  how  defrayed    ™ 

of  health  board,  how  audited  and  paid   216,  217 

of  abating  nuisances,  how  recovered   221,  222 

of  plumbing  board.    (See  '  general  city  law.') 
(See  also,  '  fines.') 

Explosives : 

sale  and  use  of,  regulated  

(  See  also,  '  ordinances  passed  by  the  common  council.') 

Farm  lands  : 

assessment  of   130,  132,  166 


Index. 


xxm 


Fees 


PAGE. 


21 

169 


169 
169 


of  certain  officers,  fixed  by  common  council   14,    62,  155 

receivable  by  justice  of  the  peace   36 

received  by  the  recorder,  how  disposed  of   40 

demandable  by  the  recorder   41  42 

—  to  be  paid  by  chamberlain  into  treasury  49 

attorney  and  counsel,  to  be  paid  to  chamberlain   54 

—  accounted  for  by  city  attorney   54 

'not  to  be  retained  by  police  force. .........  ....  102 

to  be  added  to  unpaid  taxes   135,  136,  143?  144^  161 

how  collected   135f  138f  139f  152>'  lg7'  16g 

Fast  driving.    (See  '  driving.') 

Fences : 

defacement  of,  prohibited.  

aldermen  and  supervisors,  viewers  of   36  31 

(See  also,  '  ordinances  passed  by  the  common  council.') 
Fence  viewers  : 

who  are  

duties  and  compensation  of  

Fines  : 

collection  of  

imposed  by  the  recorder,  how  disposed  of 

to  whom  payable,  etc  

under  ordinances  of  the  board  of  education  

imposed  upon  police  force.  .  ,  

—  upon  water  commissioners  for  exceeding  powers   117 

—  upon  fire  commissioners  for  exceeding  powers    124 

—  upon  corporations   161 

—  for  violating  rules  of  board  of  health   216 

for  damage  to  water  works  

for  violation  of  fire  law   ^ 

Fire  alarm  boxes  : 

location  of  

Fire  alarms  : 

districts  to  be  established   ...  13g 

penalty  for  giving  false   126 

(See  also,  'ordinances  passed  by  the  common  council.') 

Fire  apparatus : 

to  be  provided   ^ 

(See  also, 'ordinances  passed  by  the  common  council.')' ' 

Fire  arms: 

discharge  of  prohibited  22 

(See  also,  1  ordinances  passed  by  the  common  council.') 


21,  41,  85 
40 
42 
85 
104 


112 
126 


xxiv  Index. 

PAGE. 

Fire  companies  : 

engine  houses,  etc.,  to  be  provided  for.   43 

establishment,  equipment,  membership  and  organization  of.  122 
payment  of  tax  to,  by  foreign  fire  insurance  companies.  . .  130  n 

Fire  commissioners,  Board  of  : 

how  constituted   H9 

president  of  board,  powers  and  duties  119,  120 

clerk  of,  appointment,  salary  and  removal  of   121 

r  1 21 

quorum  of     ±vX 

vote  of,  required  in  certain  cases  121,  122 

money  to  be  appropriated  for  use  of  123  125 

as  to  members  of  : 

mayor  to  be  one  of  the   31,  119 

fire  commissioners,  appointment  of   120 

term  of  office  of  120,  121 

qualifications  of . . .   119 

removal  of   '  120 

vacancies  in  office,  how  filled   121 

to  serve  without  compensation   121 

to  enter  on  duties  of  office,  when   121 

powers  and  duties  of  board,  viz  : 

in  regard  to  buildings  for  use  of  board  123,  125 

to  appoint  and  fix  compensation  of  a  clerk..   121 

in  regard  to  contracting  debts,  etc   124 

to  appoint  and  prescribe  duties  of  chief  engineer  and 

assistants   122 

in  regard  to  expenditures   121,  122,  126,  127 

to  control  fire  department  and  its  property  and  to  pre- 
scribe rules  for  its  government   123 

to  define  fire  limits  •.  128,  129 

to  fix  compensation  of,  and  remove,  firemen ..  .......  122,  123 

general  powers  and  duties   123 

to  conduct  investigations  into  causes  of  fire  and  con- 
duct of  subordinates   127 

to  dispose  of  and  acquire  property   123 

to  report  to  common  council   126 

to  make  rules  for  government  of  board   122 

rules  and  regulations  of   367,  372 

Fire  department  : 

how  constituted  and  controlled  122,  123 

Fire  limits : 

buildings  with  roofs  within,  to  be  of  what  materials  128,  129 

boundaries  of  to  be  defined  and  published   128 

location  of.   •  ■•  373 

Fire  marshal  : 

chief  engineer  of  fire  department  to  be   125 

duties  of,  as  such  125,  126 


Index.  Xxv 

Firemen :  PAGE 

compensation  and  removal  of  ,  122  123 

duties  of  

moving  of  from  one  city  to  another   123  n 

(See  also,  'general  city  law.') 

Fires  : 

water  for  extinguishing   !09,  114,  116 

cause  of,  to  be  investigated   127  128 

(See  also,  •  ordinances  passed  by  the  common  council.') 
Fiscal  year  : 

change  of   „  \  31  n 

Fish.    (See  'ordinances  of- the  board  of  health/) 

Flag.    (See  '  ordinances  passed  by  the  common  council.') 

Flagman  : 

to  be  kept  at  railroad  crossings    19 

Food  Stuffs.  '(See  '  ordinances  of  the  board  of  health.') 
Funded  and  bonded  debt.    (See  '  general  municipal  law.') 
Funerals.    (See  'ordinances  of  the  board  of  health.') 
Gambling  : 

houses  of.  to  be  repressed   14 

prohibited   10J 

(See  also, '  ordinances  passed  by  the  common  council.') 
Games: 

certain,  to  be  prohibited  _  _  21 

(See  also,  '  ordinances  passed  by  the  common  council.') 
Garbage  : 

disposition  of,  to  be  regulated     jg 

(See  also,  'ordinances  passed  by  the  common  council  '  and 
'  ordinances  of  the  board  of  health.') 

Gardens,  public  : 

city  may  take  and  Hold  land  for ................  g 

Grades : 

record  of,  to  be  kept    55 

common  council  may  establish  . ., ,   152 

when  established,  how  changed   155 

expense  of  change  of,  how  determined  and  collected. ......  155,  156 

(See  also,  'public  improvement  act.') 
Gates : 

to  be  kept  at  railroad  crossings   19 

(See  also,  '  ordinances  passed  by  the  common  council.') 


xxvi 


Index. 


PAGE. 

General  City  Law,  The  : 

appropriations  : 

under  article,  how  made   250 

bridges: 

proposition  to  borrow  money  to  build   243 

common  council  to  submit  proposition  to  build   243 

electors  to  decide  to  build   243 

special  meeting  to  decide  on,  when  and  by  whom  held .  243 

notice  of  submission  as  to   244 

ballots  in  regard  to ....   244 

polls  to  open  when   244 

certificate  of  result   244 

erection  of  :  .'   245 

acquisition  of  lands  for   245 

issue  of  bonds  for   245 

bonds  for,  a  lien  on  property   245 

tax  for...   245,  246 

to  be  free   240 

certain  exempt    246 

certificates  and  licenses  : 

expiration  and  renewal  of   240 

length  of  renewals  of   249 

certificate  of  competency  must  be  obtained   242 

licenses  to  connect  with  sewer   242 

city  bills  : 

day  for  hearing  concerning,  to  be  fixed  by  mayor  ....  233 

notice  of  hearing  on,  to  be  given   233 

notice  of  hearing  on,  how  served  ,   233 

hearing  on,  before  whom    233 

opportunity  to  be  heard  on,  to  be  given   233 

return  of,  when  and  by  whom  made   233,  234 

certificate  to  be  attached  to   234 

certificate  to  be  signed  by  whom   234 

duties  of  clerk  in  regard  to   234 

expense  of  hearing  on,  to  be  paid,  how   235 

contracts  : 

city  officers  not  to  be  interested  in   228 

penalty  for  violation  of  above   228 

firemen  : 

removal  from  one  city  to  another   232 

certificate  of  service  to  be  signed  by  whom . . ,   232 

term  of  service,  how  reckoned   232 

privileges  and  exemptions,  entitled  to   232 

licenses  for  retailing  goods  on  boats  : 

common  council  to  charge  and  collect   231 

common  council  to  fix  charges   231 

what  goods,  etc.,  exempt  from   231 


Index.  Xxvii 

General  City  Law,  The— continued.  PAGE. 

ordinances  to  prevent  selling-  without   231 

penalty  for  violation  of  section   231 

memorial  day  : 

common  council  to  appropriate  for  observance  of . .   231 

amount  to  be  appropriated  for   931 

money  for,  how  expended   -231 

bills  for  expenditures  for,  to  be  audited  by  whom   231 

money  appropriated  for,  how  raised   233 

parades  and  processions  : 

certain  forbidden   228 

certain  regulated   228 

duty  of  police  regarding   229 

penalty  for  violation  of  section   229 

plumbers,  board  of  : 

existing  continued   236 

appointed  by  whom   236 

how  composed.   236 

term  of  office  of    236 

vacancies  in   ogg 

ex-officio  members  of   236 

compensation  of  members   237 

qualifications  of  members   237 

powers  and  duties  of  members  of   237 

meetings  of   237 

jurisdiction  of   237 

certificates  of  competency  to  be  issued  by   937 

rules  of   238 

fees  charged  by   238 

examination  by   ogg 

expenses  incurred  by  board  : 

a  city  charge.   241 

how  collected,  etc   242 

quarters  to  be  procured   241 

stationery,  etc.,  to  be  found   241 

clerk  to  be  employed   241 

registration  of  plumbers  : 

when  required   228 

where   238 

cancellation  of   239 

hearing  in  complaint  against   239 

inspectors  of  plumbing  : 

appointment  by  whom   239 

qualifications  of   239 

compensation  of   239 

duties  of   240 


xxviii  Index. 

PAGE. 

General  City  Law,  The— continued, 
rules  : 

notice  of  violation  of   240 

notice  of  violation  of,  how  served   240 

proceedings  when  violation  not  removed   241 

plumbing  and  drainage  to  be  executed  according  to. . .  241 

violation  of,  how  punished   242 

supervisors  : 

term  of   228 

when  elected   228 

witnesses  : 

committee  of  common  council,  power  as  to   229 

who  to  administer  oath,  to   229 

OOQ 

who  may  serve  on   


summons  for,  how  served,  etc. 


230 


fees  for   230 

attachment  for,  in  contempt   230 

proceedings  in  attachment  against   230 

women  : 

detention  of    247 

woman  defined   249 

station  houses  for     247 

station  houses  for,  how  designated   247 

separate  accommodations  for   249 

proceedings  in  case  of   249 

jurisdiction  of  court  in  case  of   249 

police  matrons  : 

•  94.7 

mayor  to  appoint  

number  to  be  appointed   247 

qualifications  of   247 

term  of  service  of   248 

salary  of  ■.   248 

vacancies  in   248 

to  reside  where   248 

duties  of   248 

under  what  authority   248 

General  Municipal  Law,  The: 

bonds,  municipal  : 

e  254 

issuance  or  

signed  by  whom  and  how  .   254 

registry  of   255 

fee  of  clerk  for  registration  of   255 

payable  to  whom   255 

conversion  of  coupon  bonds   255 

defects  for  invalidating.   256 

debt,  funded  and  bonded  : 

not  to  be  contracted,  when   252 


Index.  xxix 

General  Municipal  Law -continued.  page. 

how  and  when  paid   252 

substitutions  in  case  of   953 

certificate  of,  to  be  issued  and  filed.   254 

indebtedness  : 

limitations  of   252 

judgments  against  municipality  : 

payment  of   05(5 

as  to  collection  of   256  n 

liability  for  damages  : 

for  property  destroyed  by  mobs,  etc   257 

negligence  an  element  in    257 

limitation  of  time  to  recover   257 

of  officers,  when  incurred   257 

loans,  temporary  : 

not  to  be  negotiated  except  in  anticipation  of  taxes   253 

when  payable    250, 

non-residents  : 

discrimination  against,  void   258 

certain  cases  not  regarded  as  discrimination  against.  .  ,  258 
peddling  and  hawking  : 

of  farm  products  by  producer,  not  to  be  regulated   258 

hay  and  straw  excepted   258 

pending  actions  in  relation  to,  not  affected   259 

wagons  used  for,  not  to  stand  in  front  of  stores   259 

property,  municipal  : 

condemnation  of   2^7 

to  be  insured,  when  and  by  whom   257 

for  library  purposes,  etc   257 

free  public  libraries  to  be  established    257 

may  be  leased  to  grand  army  posts   258 

who  to  fix  rental  of  „   258 

terms  : 

use  of,  employed  in  this  act   252 

Graves.    (See  <  ordinances  passed  by  the  common  council.') 
Groceries.    (  See  <  ordinances  passed  by  the  common  council. ') 
Grounds,  public  : 

purchase  of .  .  .  . 

 •   16 

survey  and  establishment  of   16 

planting  of  trees  in   2l 

.common  council  to  lay  out,  etc   147 

expense  of  paving,  how  defrayed   152  153 

(See  also,  'public  improvement  act.') 

Gutters  : 

dirt,  etc.,  to  be  removed  from    17 

(See  also,  <  curbs,  '  and  '  ordinances  passed  by  "the'common 
council.') 


xxx  Index. 

PAGE. 

Hackmen  : 

1 5 

to  be  licensed  ;  •  •  •  

Hawking  : 

in  the  streets  regulated  16»  258>  321  -  322 

Hay  and  straw  : 

ordinances  regulating  peddling,  etc.,  of  •  •  258 

(See  also  '  ordinances  passed  by  the  common  council.') 

Health  : 

city  may  take  and  hold  property  for  the  purposes  of   6 

local  boards  of.    (See  'public  health  law.') 
Highway  and  bridge  fund  : 

1  fi^ 

to  be  how  set  apart    •  •  •  • 

Highways,  Commissioners  of  : 

powers  and  duties  of   ^® 

Highways.    (See  '  streets.') 
History  of  local  legislation  : 

local  statutes  enumerated   396-404 

Hook  and  ladder  companies  : 

1  92 

establishment  of    LnJfy 

(See,  also,  '  ordinances  passed  by  the  common  council.') 

Horses.    (See  '  cattle.') 

Hospital  : 

common  council  may  lease  or  sell   I3 

—  issue  certificates  of  indebtedness  for  purposes  of   298 

acts  in  regard  to  city  hospital   297-303 

lease  of,  to  Cohoes  Hospital  Association,  legalized   303 

Hospital  commissioners  : 

appointment  and  term  of  office  of  297,  298,  302 

nominations  of,  when  .confirmed  298>  302 

powers  and  duties  : 

to  acquire  property  for  hospital   ^ 

in  general  297,  298 

to  select  site  for  hospital  297,  301 

to  erect,  etc.,  hospital  

to  lease  buildings   2" 

terms  of  to  cease   ° 

Houses  of  Ill-fame: 

suppression  and  restraint  of   14,  101,  342  n 

(See  also,  '  ordinances  passed  by  the  common  council.') 
Hydrants  : 

duty  of  city  engineer  in  regard  to   55 

to  be  furnished  and  placed  for  the  extinguishment  of  fires.  .  109 
Ice.    (See  '  ordinances  passed  by  the  common  council.') 


Index. 


xxxi 


Indebtedness:  PAGE 

certificates  of,  to  be  issued  by  common  council   81,  298,  305 

limitation  of    204  25^ 

Indigent  persons  : 

support  of     59 

Infants  : 

petition  for  sale  of  lands  of  „   -^61 

Infection : 

provision  against,  to  be  made. . ...........  219,  220,  348,  349,  350 

Injunctions : 

may  be  granted  by  the  recorder,  when                           ...  129  130 

inspectors  of  Election: 

designated  district  officers.   ^  « 

how  elected   6j  ?.  n>  38?  39>'  3J  n 

duties  of,  in  reference  to  elections.   8  9 

-in  general  7.  7  .  7  38<1  39 

appointment  of  third   3g 

—  in  new  election  districts   23 

inspectors  of  plumbing.    (  See   general  citv  law.  ) 

Jail  : 

to  be  how  provided  and  maintained   23 

to  be  in  charge  of  board  of  police  commissioners   ,95 

Jailor  : 

compensation  of. .... .  ,  ....  .  ge- 
station house  keeper  to  be   95 

to  verify  statement  of  expense,  etc  ,  .  .  qq 

Judgments  against  municipality.    (See  general  munici- 
pal law.') 

Jurors  : 

return  of —   168,  169 

not  disqualified  by  residence.  

Justices'  of  the  peace  : 

designated  city  officers  ,    g 

electionof  ...V.;"'  7.7.7  ^'io!  34,  34  n 

•common  council  to  provide  rooms  for  ,   23 

no  jurisdiction  in  criminal  cases  ,   34 

term  of  office  of                                                "  ^ 

jurisdiction  and  powers  of                                             34  35  112 

docket  of                                                                       '  '  ocr 

,      ,                        " "  -  •  ■   35 

bond  and  oath  of  35>  63>  68 

fees  and  compensation  of   3f» 

to  be  designated  to  act  in  place  of  the  recorder.  .77777  41 

powers  and  duties  of,  as  acting  recorder..  77  41 

account  of,  as  acting  recorder  to  be  audited. ...   41 


xxxii  Index. 

PAGE. 

Justices'  of  the  Peace — continued. 

not  disqualified  by  residence   170 

general  statutes  affecting  : 

exempt  from  jury  duty.  .  .   34  n 

may  act  as  coroner,  when   84  n 

may  not  take  fees  for  advice   34  n 

may  solemnize  marriages   34  n 

shall  not  induce  suits   34  n 

tavern  keepers  not  to  act  as   34  n 

may  administer  oaths,  and  take  acknowledgements ...  35  n 

docket  of,  as  evidence   35  n 

justices'  courts  and  proceedings  therein   35  n 

removal  of  from  office   35  n 

may  be  appointed  to  take  depositions,  when   35  n 

Lamps  : 

electric  light,  location  of    405-410 

(See  also,  '  ordinances  passed  by  the  common  council.') 

Lands  : 

to  be  sold  for  unpaid  taxes.    (See  '  property.') 
to  be  used  by  water  commissioners.    (See  '  property.') 
may  be  taken  for  public  improvements.    (  See   '  public 
improvement  act.') 

Leases,  for  city : 

to  be  drawn  by  city  attorney  .   53 

to  be  executed  by  mayor    28 

Legislation,  History  of  local : 

local  statutes  enumerated     396-404 

Liability : 

of  city  limited   US,  173,  204 

(See  also,  '  debt '  and  'general  municipal  law.') 
Librarian.    (See  '  clerk  of  board  of  education.') 
Libraries: 

common  council  may  appropriate  money  for.    22 

general  statutes  relating  to   73  n 

Licenses  : 

to  be  revoked  by  common  council   18 

to  be  granted  by  common  council   .  .   23 

execution  and  revocation  of,  by  mayor   28 

to  be  countersigned  and  entered  of  record.   51 

(See  also,  '  general  city  law,'  '  ordinances  passed  by  the 
common  council '  and  '  rules  of  board  of  plumbers.') 

Lighting  of  streets. 

contract  for   405 

location  of  lamps   405-410 


16 


Index.  xxxiii 
Limitation  of  indebtedness  :  page 

 •   -  -  204 

Loans.    (See  'general  municipal  law.') 

Local  improvements.    (  See  pp.  146-166,  also,  'public  im- 

provement  act.') 
Locomotives  : 

speed  of,  regulated  

(See  also,  <  ordinances  passed  by  the  common  council  ') 
Lots  : 

numbering  of  

Lounging.     (See  '  ordinances  passed  by  the  common  council, ') 
Lunatics  : 

powers  of  overseer  of  poor  as  to  care  of  ..... 

Magistrates  : 

the  mayor  a  

recorder  to  exercise  powers  of  

duty  of,  in  committing  witnesses.  

Manure.    (See  '  ordinances  passed  by  the  common  council.1) 
Manufactures.    (See  '  public  health  law. 
Maps  : 

common  council  to  cause  to  be  made  

city  engineer  to  make  

to  be  the  property  of  the  city 

required  under  public  improvement  act  

Mayor  : 

designated  a  city  officer   

election  of   6 

a  member  of  certain  boards   jl'  81,  90,' 108,'  119,'  213 

to  be  chief  executive  of  city  

is  a  magistrate   

term  of  office  of  

to  serve  without  compensation  

oath  of  office  of  


16 
55 
56 
195 

6 

10,  31 


appointments  by  ,   29  n,    32,    39,    41  70 

powers  and  duties  of: 


28 
28 
31 
31 
63 
276 


90 
119 

213 


as  presiding  officer  of  common  council   12 

—  of  board  of  police  commissioners  

—  of  fire  board  

—  of  local  board  of  health  

to  vote  in  common  council,  when.   13 

to  approve  or  disapprove  measures  passed  by  the  com- 

mon  council   _         13    29  30 

may  not  veto  appointments  of  common  council  '    30  n 

in  case  of  riots   ^ 


xxxiv  Index. 

PAGE. 

Mayor — continued, 

in  general  

oo 

in  regard  to  licenses   *° 

to  execute  deeds,  bonds,  etc.,  of  city.   *° 

to  report  to  common  council    31 

to  keep  account  with  appropriations                           -  •  5  4 

to  accept  resignations  

to  nominate  members  of  board  of  health   213 

under  plumbers  act   ~'J  J 

to  appoint  recorder  and  acting  recorder   39,  41 

—  members  of  fire  board  12^'  121 

—  board  of  education  •   ■  •  '  * 

—  civil  service  commissioners  

to  approve  rules  of  civil  service  commission   277 

acting  mayor,  powers,  etc.,  of  ■   31 

powers  and  duties  of,  under  general  statutes  : 

28  n 

as  to  acknowledgements  

—  apprentices   38  n 

—  certificates  for  police,  etc  .   28  n 

—  depositions   28  n 

—  license  to  carry  fire  arms   ^° 

90  n 

—  administering  oaths  

—  solemnization  of  marriages   28  n 

—  station  houses  for  detention  of  women.  . .   28  n 

as  to  appointments  of  : 

examining  board  of  plumbers  •  29  n 

inspectors  of  election    29  n 

municipal  civil  service  commissioners   29  n 

2Q  n 

police  matrons  

trustees  of  free  public  libraries   29  n 

in  relation  to  : 

applications  for  admission  to    state  institutions 

for  the  blind   29  n 

applications  for  railways  within  city   29  n 

apprentices   29  n 

bonds  of  auctioneers.   29  n 

certain  employments  of  children.   26  n 

concealed  effects  of  decedents   ,29  n 

disorderly  persons   29  n 

extension  of  term  of  agent  of  commissioner  of 

29  n 

agriculture  

National  Guard,  in  case  of  riot,  etc   29  n 

summary  dispossession  of  tenants   29  n 

duties  in  relation  to  hearing  on  city  legislative  bills  29  n 

entitled  to  copies  of  session  laws   29  n 

Meats  : 

sale  of,  regulated   347 '  348 

(See  also,  'ordinances  passed  by  the  common  council.') 


Index. 

(See  «  ordinances  passed  by  the  common  council.') 


XXXV 
PAGE. 


11 

72 
90 
215 
237 
131 


114,  115 
115 


Measures. 
Meetings  : 

of  the  common  council  

—  board  of  education  

—  board  of  police  commissioners  

—  board  of  health  

—  plumbing  board  

special,  of  inhabitants   14 

(See  also,  '  rules  and  regulations  of  the  several  boards.') 

Memorial  day.    (See  ■  general  city  law.') 

Meters  : 

may  be  attached  to  water  pipes,  when 

expense  of,  how  paid  

to  be  property  of  city  

Misdemeanors  : 

certain  persons  guilty  of,  when  : 

members  of  the  common  council  

—  board  of  education  

—  board  of  water  commissioners   H7 

under  public  health  law  

—  provisions  relating  to  plumbers  

for  offenses  against  electoral  franchise  

(See  also,  '  civil  service  law.') 

Moneys,  Public: 

collected  in  actions  on  bonds  or  recognizances  

to  be  received  by  the  chamberlain  

receipts  and  payments  of,  to  be  reported  by  chamberlain, 
deposit  of  

to  be  set  apart  for  certain  purposes   80  123 

payments  of,  by  chamberlain,  how  made.  48,  87,  102,  113^  124' 
to  be  raised  for  extraordinary  purposes 

—  for  water  purposes  

—  for  public  improvements  

(See  also,  '  school  moneys. ') 

Monuments  : 

city  may  take  and  hold  land  for  the  erection  of   $ 

Municipal  law.    (See  ' general  municipal  law.') 
Municipal  property.    (  See  '  general  municipal  law.') 
Municipal  time  table: 

calendar  of  dates  of  official  acts  and  duties   412-414 

Newspapers  : 

official,  to  be  designated   23 

files  of,  to  be  bound,  etc   5q 

notices,  etc.,  to  be  published  in   8,  25,  26,  128  129  132  133 

135,  141,  143,  146,  149,  154,  157,  159,  163,  175,  189,'  190,'  191 

199,  201 


115 


119 
89 
119 
242 
242 
106 


47 
48 
48 
49 
162 
208 


125,  305 
113 
205 


xxxvi  Index. 

PAGE. 

Noise  : 

99 

common  council  may  prevent  

Non-competitive  Class.    (See    civil  service  law.  ) 
Non-residents  : 

cannot  hold  office  •   *>3  . 

pupils,  may  attend  school   ^< 

—  their  number  to  be  reported  

notice  to,  how  given  135'  144 

(See  also,  '  general  municipal  law.') 

Notices  : 

of  polling  places,  to  be  given   ' .  ° 

—elections  to  be  given   8.    10'  131 

to  persons  elected  or  appointed  to  office   10,    52,  121 

common  council  to  prescribe  length  of   24 

to  be  published  by  the  clerk   50 

of  completion  of  assessment-roll,  how  given   132,  183,  201 

—  receipt  of  assessment-roll  135,  143 

—  public  improvements  to  be  given  148,  157 

—  sale  of  property  for  unpaid  taxes   136,  180 

—  for  payment  of  judgments  under  health  law   222 

of  report  of  commissioners  to  assess  damages   150 

to  parties  appearing  in  proceedings   150 

to  construct  sidewalks   ^8 

—  curb  and  gutter   160 

1 

of  intention  to  construct  sewer   iDO 

—  the  hearing  of  grievances   115,  148,  157 

Nuisances  : 

abatement  of,  authorized   20,  223 

suppression  and  removal  of  221,  222 

(See  also,  'ordinances  passed  by  common  council,'  'public 
health  law  '  and  '  ordinances  of  board  of  health.') 

Numbers  : 

of  lots  and  buildings   17,  319 

Oaths  : 

may  be  administered  by  sundry  persons.  27,  34,  42,  61,  92,  127,  215 

of  office,  must  be  taken  and  filed   32,  40,  52,  62,  63,    98,  121 

(See  also,  '  public  officers  law.') 
Obstructions.      (See  'ordinances  passed  by  the  common 
council.') 

Offal.    (  See  '  ordinances  passed  by  the  common  council.') 
Office  : 

no  person  to  hold  but  one   6^ 

the  holder  of  other  office  may  be  commissioner  of  deeds   62 

may  be  by  whom  held  

appointments  to,  by  mayor,  when  and  where  filed. .  /   ^ 


Index.  xxxvii 

Office— continued.  PAGE. 

—  by  common  council,  vote  required,  for   70 

vacancies  in,  when  to  occur   63,  68,  109,  121,  214,  236 

-howfilled   63,  64 

(See  also,  '  public  officers  law.') 

Officers  : 

city,  ward  and  district,  designated    g 

duties  of,  to  be  defined,  etc   14,  15,  53,  55,  56,  62 

certain,  to  be  appointed  by  common  council,  enumerated  24,  26,  27 

—  elected  by  common  council  in  case  of  tie   1() 

special  election  for,  in  case  of  tie. .  .   

removal  of  sundry,  how  effected  .  13,  33,  47,  54,  57,  70,  71,  98,  113 

accounts  of,  to  be  examined   '27'  69 

elective,  provisions  affecting   28-39 

appointive,  provisions  affecting.   39-62 

miscellaneous  provisions  relating  to  '.  .  63-90 

bonds  of  sundry   33,  37,  49,  63,  68,  113 

—  sufficiency  of,  to  be  determined  by  common  council   24 

oath  of  office  of   35 

not  to  be  interested  in  contracts   61,  67,  89,  119,  208,  209*  228 

not  to  enter  upon  office  till  security  given  and  approved  ...  66 

not  to  promise  influence.    (See  '  civil  service  law.') 

term  of  office,  when  to  begin   54 

term  of  office,  when  to  expire   54 

not  to  receive,  consideration  for  vote    67 

not  to  receive  fees  for  oaths,  etc.,  when    69  70 

residence  of   ,~A 

 •   /0  11 

expenses  of,  in  legal  proceedings   70 

to  continue  in  office,  when  charter  takes  effect,  with  same 

powers,  etc     ^qq 

—  till  successor  appointed,  etc   7q 

to  deliver  property  of  city  to  successor   68 

to  hold  but  one  office  at  same  time  .   62  68 


109 


salaries  of,  when  payable   69  101 

to  comply  with  civil  service  law  „   275 

subject  to  examination  under  civil  service  law,  when   281 

(See  also,  'public  improvement  act '  and   '  public  officers 
law.') 

Official  roster.    (See  'civil  service  law.') 
Orders.    (See  '  ordinances.') 
Omnibuses : 

to  be  licensed   1^ 

Ordinances,  (By-Laws,  Orders.)  : 

of  the  city,  to  be  published. .  _  23    24  50 

—  to  be  approved  or  disapproved  by  mayor   12  29 

—  to  be  copied  by  the  clerk   26'  50 

—  effect,  when  not  approved . . .  . .   30 


xxxv  iii  Index. 

PAGE. 

Ordinances — continued. 

—  to  be  enforced  by  police  commissioners  and  police   94,  101 

—  by  penalties  prescribed   ^ 

—  to  continue  in  force  till  changed,  etc .    170 

may  be  made,  etc.,  by  common  council  25,  26,  198 

—  by  the  board  of  education   85 

.    •  119 

—  by  board  of  water  commissioners  

—  by  the  board  of  health   215 

Oft 

certified  copies  of,  evidence   

how  and  where  violations  of,  tried   46- 

how  proved,  in  actions  before  recorder  •    46,  341  n 

requiring  connections  with  sewers  

respecting  removal  of  pavements  ■  ■  1^8 

Ordinances  passed  by  the  common  council : 

application  of   321,340,  341 

penalty  for  violation  of  ■    340>  341 

evidence  of  •   n 

repeal  of.  .•  '-' ' 

subjects  of  enumerated  : 

when  in  effect.   341 

advertising  matter  : 

strewing  of  on  streets,  prohibited   319 

agent  : 

carrying  on  business  as    n 

alarms  : 

to  be  attached  to  bicycles   333 

of  fire,  giving  of  false,  prohibited   326 

amusements  : 

to  be  licensed   336 

animals  : 

dead,  not  to  be  cast  into  streets,  etc  311,  312 

dead,  not  to  be  deposited  in  city  limits   327 

running  of,  at  large  prohibited   331 

impounding  of  stray  

redemption  of,  by  owner   333 

failure  to  provide  food  for  impounded,  punished.  .         332  n 
(See  also,  'cattle.') 
areas  : 

to  be  guarded   316 

extending  over  sidewalks,  regulated   316 

ashes  : 

not  to  be  deposited,  or  remain,  upon  streets  312,  320 

may  be  strewn  over  ice,  etc.,  on  sidewalks   314 

disposal  of    331 

(See  '  dirt,'  '  rubbish,'  '  garbage.') 
assemblages : 

♦  in  engine  or  hose  houses  restricted  3257  326 


Index.  xxxix 

Ordinances — continued.  PAGE, 
auctions  and  auctioneers  : 

provisions  relative  to   343  n 

automobiles  : 

speed  of,  regulated   316 

awnings  : 

construction  and  maintenance  of  regulated   313 

badges,  etc.,  of  fire  department  : 

not  to  be  worn  without  permission   326 

ball  alleys  : 

to  be  licensed   337 

ball  playing  : 

on  streets,  etc.,  prohibited     318 

on  Sunday,  prohibited   337 

bankrupt  stock  : 

retailing  of,  to  be  licensed   338,  339 

barber  shops  : 

to  be  closed  on  Sunday   342  n 

bathing  : 

in  exposed  places,  prohibited   327 

bay  windows  : 

extending  of ,  over  sidewalk  regulated   316 

removal  of,  how  effected  316  317 

bicycles  : 

riding  of,  regulated  323.  324 

billiard  rooms  : 

to  be  licensed   337 

bill  posting  : 

regulated   335,  336 

mayor  to  license   335 

boats  : 

retailing  goods  on,  license  for   342  n 

bonds : 

to  accompany  application  for  placing  building  material 

on  streets    3^ 

to  be  furnished  by  bill  posters     336 

bone  establishments  : 

to  be  abated  when  nuisances .   329 

bowling  alleys  : 

to  be  licensed   337 

boxes  : 

for  gas  and  water,  construction  of,  regulated  318,  319 

for  manure,  to  be  used  by  occupants  of  stables   330 

placing  of,  on  sidewalks   331 

bread  : 

weight  of  prescribed     340 

brick  kiln.     (See  1  pottery.') 


xl  Index. 

PAGE. 

Ordinances — continued, 
bridges  : 

fast  driving  over,  prohibited   318 

defacement  of,  prohibited   342  n 

building  materials  : 

obstruction  of  streets  with,  regulated   309,  310,  312 

buildings  : 

moving  of,  through  streets,  regulated  314,  315 

erection  of,  in  highways,  etc.,  prohibited   317 

numbers  of,  regulations  as  to   319 

butcher  shops  : 

to  be  closed  on  Sunday   341  n 

candle  manufactories  : 

to  be  abated  when  nuisances   229 

cannons.    (See  'firearms.') 
cars  : 

obstruction  of  crossings  by,  prohibited  315,  316 

rate  of  speed  of,  prescribed   316 

cattle  : 

running  at  large  of,  prohibited   331 

impounding  of,  in  city  pound   331 

redemption  of,  by  owner   332 

sale  of,  at  city  pound   332 

cellars  : 

unwholesome  substances  not  to  remain  in   328 

cellarways.    (See  'steps.') 
chimneys  : 

burning  out  of,  regulated   325 

circulars.    (See  '  advertising  matter. ') 
crossings  : 

obstruction  of,  by  cars  prohibited  315,  316 

crosswalks  : 

to  be  kept  free  from  vehicles   317 

curbs  : 

construction  of,  regulated   31b 

cycle  tires  : 

injuries  to,  prohibited   324  n 

definitions  : 

enumerated   341 

detectives  : 

licensing  of  private   341  n 

digging  : 

of  streets,  etc.,  regulated   31 0 

dirt  and  rubbish  : 

removal  of,  from,  streets,  etc   310,  312,  318,  320 

disposal  of  310,  311,  330 

deposit  of,  on  streets  prohibited  oil,  Oia 

streets  not  to  be  littered  with  319,  «MO 


Index.  xli 

^  .       ,  PAGE. 

Ordinances — continued. 

disinfection  : 

of  vaults  required   30Q 

dodgers  :    (See  '  advertising  matter. ') 
drains. 

private  not  to  enter  public  sewers  without  permission .  .  337,  338 

may  be  shut  off  by  common  council   338 

driving  : 

on  sidewalk  prohibited  „   314 

at  an  improper  rate,  prohibited   317 

over  bridges,  regulated   .  .   ...   31g 

over  hose,  prohibited  ,   326 

encroachments  : 

to  be  prevented. . .  ;  _  316  3^7 

removal  of  3^g  3^7 

engine  houses. 

lounging  in,  prohibited   .  .   325,  336 

exhibitions  : 

to  be  licensed   336 

(See  in  regard  to  '  amusements,  '  '  circuses.  ') 
explosives  : 

use  of,  within  limits  prohibited   495 

fast  driving.    (See  '  driving,') 
fences  : 

within  line  of  highway,  prohibited   317 

ficticious  and  assumed  names  : 

using  of  regulated   339  n 

filth.     (See  'rubbish.') 
fire  alarms  : 

false,  prohibited   32g 

fire  apparatus  : 

to  have  right  of  way.   32g 

who  may  run  with,  or  assist  in  dragging   326 

fire  arms  : 

discharge  of,  prohibited   325 

carrying  of....  341  1, 

fires  : 

in  yards  and  outbuildings,  regulated    334 

kindling  in  streets,  etc.,  prohibited   325 

flag : 

desecration  of  prohibited   342  n 

foreign,  on  buildings   342  n 

food :  . 

unwholesome ,  not  to  be  sold  or  given  away  within  city  330 
fruit  : 

unripe,  sale  of  prohibited   33^ 

gambling  apparatus  : 

keepingof..,  _   337  n 


xlii  Index. 

PAGE. 

Ordinances — continued, 
games  : 

playing  on  Sunday,  prohibited   336 

garbage  : 

disposal  of   331 

gas  boxes  : 

to  be  level  with  sidewalk  318,  319 

location  of   31  ^ 

gates  : 

extending  of  over  sidewalks,  etc.,  regulated   316 

geese;  goats.     (See  'cattle.') 
goods : 

hanging  of  over  sidewalk  regulated .   323 

retailing  of  damaged,  to  be  licensed   338,  339 

graves  : 

depth  of,  in  city,  regulated   328 

groceries  : 

peddling  without  license,  prohibited  321 ,  322 

guns.     (See  '  firearms.') 
gutters  : 

to  be  kept  in  repair  by  owners  of  lots   311 

removal  of  snow  and  ice  from  313,  314 

material  and  construction  of   318 

filthy  water,  etc.,  not  to  stand  in   328 

not  to  be  obstructed   338 

hand  bills.     (See  '  advertising  matter.') 

hawking  : 

in  streets,  regulated   321,  322 

hay  and  straw  : 

adulteration,  sale  and  weighing  of  342  n 

highway.    (See  'streets.') 
hook  and  ladder  companies  : 

premises  of,  not  to  be  entered  without  permission   325,  326 

horses:    (See  '  cattle.') 

immoderate  driving  of   l] 

running  of  on  highway,  a  misdemeanor   317  n 

hose  : 

driving  over,  prohibited   326 

houses  of  ill-fame  : 

keeping  of,  and  of  disorderly  houses,  prohibited    342  n 

ice  : 

removal  of  from  sidewalks  and  gutters  313,  314 

interments.    (See  '  burials.') 
kites  : 

flying  of  in  streets,  etc.,  prohibited   318 

lamps  : 

on  bicycles,  etc  "^3,  324 


Index.  xliii 


Ordinances— continued.  PAGE, 
licenses  : 

for  peddling,  etc   32o 

for  bill  posting     g._^ 

for  shows,  etc  m  t 

for  public  billiard  tables,  ball  alleys,  etc   337 

for  retailing  bankrupt,  damaged  or  assigned  goods   338,  339 

for  retailing  goods  on  boats   '  342 

light  : 

to  be  attached  to  bicycles   323  324 

locomotives  : 

obstructing  street  crossings  by,  prohibited   315,  31 6 

speed  of,  regulations  as  to   '  3^ 

not  to  be  driven  over  fire  hose   32(3 

lounging  : 

on  streets,  alleys,  hallways,  etc,  prohibited   .   314 

in  engine  houses,  prohibited  _        ,.225  326 

manure  : 

kind  of  vehicle  for  transporting,  in  streets,  prescribed  .  320 

removal  of   Qon 

piling  of  on  lots,  prohibited   329  339 

stables  to  have  boxes  for  _  '  33Q 

measures  : 

inspection  of...  3g2  ggg 

meats  : 

peddling  without  license,  prohibited  321  322 

unwholesome  not  to  be  kept  on  premises   '328 

merchandise.    (See  'goods.') 

names.    (See  '  fictitious  and  assumed  names.') 

night-soil  : 

removal  of,  regulated   . . .   33Q 

nuisances  : 

not  to  remain  on  streets,  etc   312 

abatement  and  removal  of  „   .   _  32g  329 

numbers  : 

of  buildings,  regulations  as  to  

obstructions  : 

not  to  be  placed  on  streets,  etc  m?> 

offal  : 

deposit  of  in  streets,  prohibited  

throwing  of  in  Cohoes  company's  canal  or  city  reser- 
voirs, prohibited  ,   3^ 

not  to. remain  on  private  premises 
(See  also,  'garbage.') 
offensive  substances  : 

throwing,  etc.,  of  in  streets,  etc.,  prohibited 

not  to  remain  on  private  premises  

removal  thereof  provided  for  


119 

312,  316 

311,  312 

327 
329 


327,  328 
329 


329 


xliv  Index. 

PAGE. 

Ordinances — continued, 
oil  : 

transportation  of,  over  paved  streets,  regulated   321 

parades  : 

on  Sunday  ■  "   342  n 

pavements  : 

removal  of.   3*5  n 

peddlers  : 

unlicensed,  etc   32*  n 

peddling  : 

regulations,  licenses  321,  322 

pennies  : 

pitching  of,  in  streets,  etc.,  prohibited   318 

permits  : 

to  place  building  material,  etc.,  on  streets   310 

to  occupy  the  streets,  etc.,  for  the  selling  of  wares   313 

to  throw  ashes,  etc.,  on  sidewalks   314 

to  remove  buildings  314,  315 

to  tear  up  streets,  etc   31° 

to  wear  badges  of  fire  department   326 

petroleum  : 

keeping  and  storing  of   342  n 

pistols.    (See  'firearms.') 
police  : 

duty  of,  in  regard  to  digging  up  of  streets   315 

to  drive  estrays  to  city  pound   331 

police  signal  apparatus  : 

improper  or  false  calls  on,  prohibited   326 

porch.    (See  'steps.') 

posts  : 

erection  of,  for  awnings,  regulated   313 

potteries,  etc. : 

when  nuisances  to  be  abated  and  removed   329 

pound  : 

animals  running  at  large  to  be  driven  to   231 

owner  may  redeem  cattle  driven  to   332 

sale  of  cattle  at  331 »  332 

poundmaster  : 

duties  of.  331>  332 

quoits  : 

pitching  of,  in  streets,  etc.,  prohibited   318 

refuse  : 

from  manufactories  not  to  be  thrown,  etc.,  in  public- 
waters  or  places  32  t,  328 

not  to  be  disposed  of  with  ashes  .   331 

(See  also,  '  rubbish.') 
repairs  : 

to  sidewalks  and  gutters   311 


Index.  x]v 

P  A  C  K 

Ordinances— continued, 
riding  : 

driving  of  horses,  etc.,  immediately   317 

of  bicycles  immoderately  prohibited   323 

rifle.    (See  '  fire  arms. ') 

roads  : 

rules  to  be  observed  by  cyclists.   324 

roofs  : 

within  fire  limits,  of  what  to  be  constructed   325 

rubbish  : 

deposit  of,  in  Cohoes  company's  canal  or  city  reservoir 

prohibited   og^ 

sabbath  breaking  : 

a  misdemeanor   n 

sand  : 

may  be  thrown  over  sidewalks,  when   31 4 

sealer  of  weights  and  measures  : 

duties  and  compensation  of  332,  333,  334,  335 

sewers  : 

draining  into  by  individuals,  regulated  337,  333 

obstruction  of,  prohibited   333 

sheep.    (See  '  cattle.') 

shows  : 

to  be  licensed  

(See  also, '  exhibitions.') 
sidewalks 

repairs  of,  by  owners  of  lots  required   311 

obstruction  of,  prohibited  312,  316 

hanging  of  goods,  etc.,  over,  regulated   313 

construction  of  awnings  over,  regulated   313 

abutting  owners  to  remove  snow  from  .   313  314 

driving  on,  prohibited   '  314 

digging  up  of,  etc.,  regulated   315 

erection  of  stoop,  gate,  bay  window,  etc.,  on,  regulated  316 

material  and  construction  of   31  g 

water  and  gas  boxes,  etc.,  on  318  319 

riding  of  bicycles  over,  prohibited   323 

slaughter  houses  : 

to  be  abated  when  nuisances   329 

smoke-houses  : 

to  be  abated  when  nuisances   329 

snow  : 

to  be  removed  from  sidewalks,  etc   313  314 

steps,  stoops,  etc. : 

extending  of,  over  sidewalks,  regulated    31(3 

straw.     (See  '  hay.') 


PAGE. 

Ordinances — continued, 
streets  : 

obstruction  of,  with  building  material,  regulated   309,  310 

dirt,  rubbish,  etc.,  removal  of ,  from  310,  311,  320 

—  not  to  be  deposited  on   311 

decayed  matter  in, to  be  removed  311,  312 

ashes,  garbage,  etc.,  not  to  be  deposited  on   312 

nuisances  in,  prohibited   312 

obstructions  of,  etc.,  prohibited   312 

sawing  or  splitting  wood  in, prohibited   312 

obstructing  with  awnings,  etc.,  prohibited   313 

lounging  on,  etc.,  prohibited  ."   314 

vehicles  not  to  stand  in   314 

washing  of  vehicles  on,  prohibited   314 

moving  ot  buildings  through,  regulated  314,  315 

digging  or  tearing  up  of,  regulated   315 

removing  of  pavement  from,  regulated   315  n 

speed  of  locomotives,  etc.,  regulated    16 

crossing  of,  not  to  be  obstructed  by  locomotives,  etc. . .  315,  316 

driving  at  an  immoderate  rate  in,  prohibited   317 

erections,  buildings,  etc  ,  within  line  of, to  be  removed.  -317 

ball  playing,  etc.,  on,  prohibited  -   318 

not  to  be  littered  with  advertising  matter,  etc  .  .  319,  320 

sale  of  merchandise  on, prohibited   321 

transporting  of  oil  over,  regulated  .  .  .  .  321 

hawking  and  peddling  in, regulated   321,  322 

kindling  of  fires  in,  etc.,  regulated   325 

animals  running  at  large,  prohibited   331 

processions  in     341  n 

Sunday: 

closing  of  butcher  shops  on   341  n 

barber  shops  to  be  closed  on   342  n 

swine  : 

keeping  of,  regulated   327 

timber.     (See  '  building  material.') 
transient  merchants  : 

licensing  of  338,  339 

trees  : 

injuring  of,  prohibited   342  n 

unwholesome  matter  : 

deposit  of,  within  city  prohibited   32' 

not  to  remain  on  private  premises   329 

vegetables  : 

deposit  of,  in  streets  prohibited    312 

decayed,  remaining  of,  on  premises,  prohibited   328 

removal  of  decayed, from  premises  by  city  officers.   . .  .  328 

peddling,  license  for   322 

stale,  sale,  etc.,  of,  prohibited   330 


Index.  xlvii 

~  .  PAGE. 

Ordinances — continued. 

vehicles  : 

not  to  be  left  in  streets   3^4 

washing  of,  in  streets,  etc.,  prohibited   314 

driving  of,  etc.,  on  sidewalks  prohibited  314,  323 

not  stand  on  crossings   317 

for  transporting  dirt,  etc.,  to  have  tight  boxes  319,  320 

for  carrying  manure,  construction  of   320 

for  transporting  oil,  etc.,  to  have  drip  pans,  etc  .  /   321 

of  peddlers,  to  be  numbered,  etc   322 

not  to  be  ridden  at  immoderate  speed   323 

driving  of,  over  hose,  prohibited   326 

wagons.    (See  '  vehicles.') 

waters  : 

bathing  in  exposed,  prohibited   327 

depositing  unwholesome  matter  in,  prohibited.  . .  ;          327,  328 

filthy  or  stagnant,  not  to  remain  on  private  premises.  .  328,  329 
obstructing  flow  of,  in  gutters  and  sewers,  prohibited.  .  338 
water  boxes  : 

to  be  leveled  with  sidewalk.  ,  313  3x9 

location  of   g-^9 

weight  : 

of  bread  to  be  regulated.   349 

weights  and  measures  to  be  inspected,    sealed  and 

marked  by  city  sealer   332,  333 

false  weights  and  measures   334t  335>  335  n 

wood  : 

not  to  be  sawed  or  split  in  streets,  etc.  .   312 

Ordinances,  (sanitary,)  of  the  Board  of  Health : 

adoption  of  

board  of  health  to  prescribe.  ■,  215 

to  be  published   215 

penalty  for  violation.   216     54  355 

subjects  of,  enumerated  : 
animals  : 

dead.    (  See  '  refuse.') 

diseased,  flesh  of,  not  to  be  sold.-   347 

place  of  keeping  of,  to  be  clean  347,  348 

affected  with  infectious,  etc.,  diseases  not  to  be 

brought  within  city   35O 

burial  of  dead,  regulated   359 

(See,  also.  '  cattle.  ') 
ashes  : 

separate  receptacles  to  be  provided  for   355,  356 

•     defined  '353 

births  : 

to  be  reported  to  board  of  health   51 


xlviii  Index. 

PAGE. 

Ordinances,  Sanitary — continued, 
burials  : 

of  persons  dying  of  contagious  diseases  not  to  be 

public   350 

regulations  as  to   350 

record  of,  to  be  kept  by  undertakers   351 

butter  : 

sale  of  unwholesome,  etc.,  prohibited   347 

calves  : 

flesh  of,  less  than  four  weeks  old,  not  to  be  sold .  347 
cattle  : 

keeping  and  slaughtering  of,  regulated   47,  348 

denned  •  353 

(See  also,  '  animals.') 

cellars  : 

putrid,  etc.,  matter,  not  to  be  kept  in   346 

cesspools.    (See  '  privy  vaults.') 
cheese.    (See  '  butter.') 
clergymen  : 

duties  of,  in  relation  to  marriages   .....  .....  351 

common  carriers  : 

not  to  bring  within  city  persons  afflicted  with  contagi- 
ous, etc  ,  diseases   349 

deaths  : 

certificates  of,  to  be  filed  by  undertakers  with  board  of 

health  

certificates  of,  to  be  filed  by  physician  with  family, etc.  351,  352 
certificates  in  case  no  physician  at  inquest   352 

decaying  matter.    (See  4  refuse.') 

definitions  : 

of  words,  etc.,  used  in  sanitary  ordinances   353 

dirt  and  rubbish  : 

defined   358 

diseases  : 

persons,  etc. ,  liable  to  propagate  dangerous,  not  to  be 

brought  within  city   349 

persons  afflicted  with  infectious,  to  be  reported  to  board 

of  health    348,  349 

clothing  of  such  not  to  be  removed  without  permission.  348 

removal  of  persons  afflicted  with  contagious,  etc   349 

spread  of  dangerous,  etc.,  prohibited. .   349 

common  carriers  not  to  bring  within  city  persons  afflic- 
ted with  dangerous,  etc    349 

burial  of  persons  afflicted  with   350 

persons  afflicted  with  malignant,  etc.,  to  be  relinquished 

to  board  of  health   350 

disinfectants  : 

solution  for   344 


Index.  xlix 

Ordinances,  Sanitary— continued.  PAGE, 
drains  : 

construction  of .  „   344  345 

to  connect  vaults  with  main  sewers   344 

of  what  material  to  be  constructed   345 

fish  : 

preparation  of,  for  sale   347 

unwholesome,  sale  of,  prohibited   347 

not  to  be  exposed  on  streets,  etc   348 

place  of  sale  of,  to  be  kept  clean   343 

food  stuffs  : 

unwholesome,  not  to  be  offered  for  sale,  etc.  357,  348 

funerals  : 

public,  of  persons  afflicted  with  contagious,  etc.,  dis- 
eases forbidden   35Q 

duties  of  undertakers  at  35^ 

garbage  : 

defined.....   353 

separate  metallic  receptacles  to  be  provided  for   356 

(See  also,  '  refuse.') 
health  : 

acts  detrimental  to,  forbidden   343 

orders  of  board  to  be  enforced   352 

health  officer  : 

duties  of,  in  relation  to   352 

to  preserve  records,  etc   353 

infection  : 

provisions  against   348)  349^  350 

interment.    (See  '  burials.') 
manufactories  : 

dangerous  to  life  or  health,  erection,  etc.,  of,  regu- 

lated  •••••   346 

marriages  ; 

reported  to  board  of  health. ...    351 

records  of   -  217 

meats  : 

sale  of  unwholesome,  prohibited   347 

preparation  of    347 

sale  of,  on  streets  prohibited   348 

place  of  sale  of,  to  be  clean   348 

milk  : 

sale  of  unwholesome,  or  adulterated,  prohibited   347 

nuisances  : 

privy  vaults  within  twenty-five  feet  of  residences  de- 
clared to  be   354 

not  to  be  maintained   354 

certain  conditions,  etc..  declared  to  be   343 


PAGE. 

Ordinances,  Sanitary — continued, 
offal  : 

removal  of   348 

(See,  also,  '  refuse.') 
parents  : 

duty  of,  as  to. contagious,  etc.,  diseases   350 

permits  : 

for  burial,  etc   351 

physicians  : 

duties  of,  in  relation  to  births  and  deaths   351 ,  352 

privy  pits  : 

leakage  or  overflow  from,  prohibited   344 

removal  of  contents  of   344 

privy  vaults  : 

contents  of,  to  be  disinfected   344 

removal  of,  etc.,  when  nuisances   354 

to  be  connected  with  main  sewers   344 

location  of,  in  reference  to  residences   354 

construction  of   345 

not  to  be  built  on  lots  which  can  be  connected  with 
.       sewers.  •   354 

public  health.    (See  '  health:') 

public  places  : 

defined.   353 

refuse  : 

not  to  be  thrown  in  streets,  public  waters,  etc   346 

removals  of,  from  markets,  etc    •  •  348 

to  be  put  in  metallic  recepticles   356 

reservoirs.    (See  •  privy  pits.') 

sewers  : 

construction  of   344,  345 

sextons,  etc.  : 

duties  of,  in  relation  to  public  health   352 

sheep.    (See  '  cattle.') 
sidewalks  : 

sale  of  meat,  fish,  etc.,  on,  prohibited   348 

slaughter  houses: 

erection  of,  without  permission  prohibited   347 

slaughtering  : 

of  cattle,  etc.,  regulated   347,  348 

places  for,  to  be  kept  clean   347,  348 

smallpox  : 

funeral  of  persons  dying  of,  not  to  be  public   350 

(See  also,  '  diseases.') 
solutions  : 

for  disinfection,  prescribed   344 


Index.  ]i 

Ordinances,  Sanitary — continued.  PAGE, 
streets  : 

defined   353 

sale  of  meat,  fish,  vegetables,  etc.,  on   348 

sunken  places  : 

not  to  be  filled  with  unwholesome  matter   346 

swine.    (See  '  cattle.') 
undertakers  : 

duties  of.,  in  relation  to  funerals,  etc.   351 

vaults.    (See  '  privy  vaults.') 
vegetables  : 

unwholesome,  sale  of  prohibited   .  347 

sale  of,  in  streets,  etc.,  regulated   348 

(See  '  refuse.') 
ventilation  : 

of  buildings,  etc   343 

regulations  as  to   343 

for  water  closets,  etc   355 

water  : 

from  well,  etc.,  not  to  be  drank,  etc.,  when    345 

water  closets  : 

to  be  ventilated   355 

number  of,  in  tenements  .  ks 
  00 

ordinances  relating  to  sewer  connections   196 

Overseer  of  the  poor  : 

appointment  of,  by  common  council   „  26 

bond  of  •  V.'.  .' 68,  69 

office  of,  where  to  be  located     53 

to  report  to  common  council  monthly   .   .  58,    53  n 

general  statutes  relating  to  or  affecting  : 

as  to  actions  by  or  against   53  n 

to  receive  certain  unclaimed  surplus  moneys  .........  58  n 

to  receive  one-half  penalty  in  certain  cases  . . ,  58  n 

subject  to  provisions  of  general  poor  law   58  n 

general  powers  and  duties  of   5y 

under  general  statutes  : 

as  to  application  for  appointment  of  committee  of 

.Iunatic------  •   59  n 

—  binding  out  of  disorderly  persons   59  n 

—  habitual  drunkards.    59  n 

—  indenture  of  apprentices   59  n 

—  the  institution  of  bastardy  proceedings   59  n 

applications  to,  how  made   59  60 

powers  and  duties  in  regard  to  granting  relief  [[    59]  60 

when  removable  ......  '  „n 

in  regard  to  examination  of  applicants.   6l 

—  bastardy  cases.  _  fi1 


Hi  Index. 

PAGE. 

Ordinances,  Sanitary — continued. 

to  be  furnished  supplies   60 

not  to  be  interested  in  furnishing  supplies,  etc   61 

salary  of   61 

Paper.    (See  'newspapers.') 

Papers : 

of  city,  common  council  to  care  for   13 

Parades  and  Processions : 

on  Sunday   342  n 

(See  also,  '  general  city  law.') 
Parents : 

duties  of,  in  regard  to  vital  statistics   217 

Park,  Public : 

city  may  take  and  hold  land  for   6 

city  may  purchase  ground  for,  and  lay  out   16 

power  of  common  council  as  to.   147 

Patrolmen : 

number  and  increase  of   97,  98 

salary  of . . .  7  .  .  .   •  ■   101 

special  appointment,  duties  and  compensation  of  104,  105 

Pavements : 

removal  of,  regulated   315  n 

Paving  : 

expense  of,  how  defrayed   152 

power  of  common  council  in  regard  to  152,  157 

to  be  advertised  for   156 

1000  feet  of  streets  may  be  done  annually  without  petition. .  157 
(See  also,  'public  improvement  act.') 
Pawnbrokers : 

to  be  licensed  -   ™ 

police  to  enforce  law  relating  to   101 

Peddling  : 

in  the  streets,  regulated   16 

(See  also,  4  general  municipal  law  '  and  '  ordinances  passed 
by  the  common  council.') 

Penalties.    (See  '  fines. r) 

Performances.     (See  '  exhibitions.') 

Permits : 

revocation  of   H4 

to  be  granted  by  water  board   114 

for  use  of  water,  rules  to  be  printed  on   116 

for  the  burial  of  the  dead   218 

(See  also,  4  ordinances  passed  by  the  common  council '  and 
ordinances  of  the  board  of  health.') 


Index.  Jiii 
Person:  page. 

definition  of,  in  charter  act   170 

Petition : 

to  overseer  of  poor  for  relief    59  qq 

for  change  of  grade   255 

for  paving  of  streets     257 

Petroleum : 

keeping  and  storing  of,  regulated  „   342  n 

Physicians : 

one  member  of  health  board  to  be  a   213 

health  officer  to  be  a   o\S 

duty  of,  in  regard  to  vital  statistics  .  „   217 

Plumbers  and  Plumbing : 

rules  and  regulations  of.    (See  <  rules  and  regulations.') 
(See  also,  '  general  city  law.') 
Police  Commissioners  : 

designated  city  officers.   ^ 

election  of   6j  iu>    32  90 

term  of  office  and  compensation  of    32 

to  be  members  of  police  board  „   32 

Police  Commissioners,  Board  of: 

how  constituted     9q 

organization,  meetings  and  quorum  of   90 

secretary  of  board,  duties  of   99  92 

powers  and  duties  of  : 

in  genera]   32 

to  provide  offices,  etc   9 1 

—  accommodations  for  witnesses   93 

to  audit  claims   93  97 

—  expenses  of  serving  process,  etc   102 

to  prescribe  duties  of  police  officers   91 

in  regard  to  station  houses   92 

to,  enact  by-laws,  etc.   9 1 

to  issue  subpoenas,  etc   92 

in  regard  to  elections     93 

to  detail  men,  when   93  194 

to  enforce  city  ordinances    94 

to  keep  complaint  books,  etc   94 

to  have  charge  of  jail   95 

jailor  to  render  statement  of  expenses  to  board   95 

—  of  expense  of  executing  process,  etc   102 

in  regard  to  unsafe  scaffolding   97  n 

to  appoint  certain  officers  „   93 

—  special  patrolmen  104  105 

to  report  expense  to  supervisors   103 

police  matrons   208  n 

(See  also,  'general  city  law.') 


liv  Index. 

PAGE. 

Police  Force : 

common  council  to  provide  accommodations  for   23 

duties  to  be  prescribed   91 

records  of,  to  be  kept   94 

how  constituted   97,  98 

appointment  of   98 

oath  of  office  of  members   98 

qualifications  of  membership   98 

term  of  office  and  removal  of  •   98 

powers  and  duties  of  : 

to  serve  criminal  processes,  etc   47,  101 

powers  in  general   99 

duties  and  powers  of  captain   99,  100 

duties  in  general   100,  101 

duties  at  elections ...    100,  105 

to  enforce  ordinances                                               -  •  101 

not  to  receive  fees   102 

to  retain  rewards,  when.,    102 

salaries  of  members.   101 

expenses  of,  in  serving  process,  to  be  audited  by  supervi- 
sors, etc   10S 

compensation  of   104 

special  patrolmen,  appointment  and  powers  of   104 

fines,  etc.,  imposed  upon,  disposal  of   104 

supernumerary  patrolmen,  appointment  and  duties  of   105 

resignation  of  members,  how  made   106 

(See  also,  '  ordinances  passed  by  the  common  council.') 
Police  Matrons.    (See  '  general  city  law.') 

Polling  Places : 

to  be  designated  by  common  council   7 

notice  of,  to  be  published  and  posted   8 

time  of  designating,  as  fixed  by  election  law   8  n 

Polls : 

time  of  opening  and  closing  of  ■   8,     8  n 

Pollution  of  Waters : 

how  punished   16 

Porters : 

to  be  licensed   15 

Posts.    (See  '  ordinances  passed  by  the  common  council.') 
Pounds : 

to  be  established  and  regulated   15 

(See  also,  '  ordinances  passed  by  the  common  council.') 

Poundmasters : 

duties  of,  to  be  defined   15 

—  and  fees   62 

appointment  of                                                           15,  26,  27 

(See  also,  'ordinances  passed  by  the  common  council.') 


Index. 


lv 


73 
73 
86 


P  A  C  F 

Preferences.    (See  '-civil  service  law.') 
President  of  Board  of  Education: 

term  of  office  of  

when  and  how  elected  

powers  and  duties  of.  

Privies,  etc.    (See  '  ordinances  of  the  board  of  health.') 
Process.    (See  'criminal  process.') 
Promotion : 

recommendations  for.    (See  '  civil  service  law.') 
Property : 

city  may  take,  purchase,  hold  and  convey  real  and  personal.  6 
of  city,  common  council  to  care  for,  etc   13 

—  to  be  delivered  to  successors  in  office.   54,  68 

—  maps,  books,  etc.,  of  engineer  and  surveyor  to  be. .,   55,  56 

lost  or  stolen,  description  of   10g  iq^ 

—  taken  in  custody  by  police     IQg 

—  shall  be  registered  <  jQg 

—  shall  be  delivered  to  owner,  when.  

—  to  be  advertised  

—  to  be  sold  at  public  auction  

—  to  be  retained  for  evidence,  when  

for  use  of  water  board,  how  acquired   xiO 

water  meters  to  be,  of  city   115 

description  of,  in  assessment  roll.  

sold  for  taxes,  how   136,  140,  141,  146,  179 

—  redemption  and  conveyance  of  

sold  to  satisfy  judgments  

(See  also,  'general  municipal  law.') 

Property  Clerk  : 

captain  of  police  to  be  


107 
107 
108 
108 


133 
181 
182 

9,5(9. 


dutiesof     106,  107.  108 


100 
108 
107 


disposition  of  moneys  held  by  

Prostitutes : 

punishment  of,  to  be  provided  for   mmmmm  14 

Public  Health  Law,  The: 

certain  portions  of  act  not  applicable  to  Cohoes   211 

municipality  defined   214 

employment  of  local  boards  and  experts  : 

city  boards  to  appoint  members  to  aid  commissioner.  .  .  211 

powers  of  local  representative   211  212 

commissioner  may  employ  competent  persons   212 

power  of  commissioner  where  municipality  fails  to  act  : 

to  be  exercised  when   212 

appointment  of  health  officer.    212 

compensation  of  health  officer   212 


PAGE. 

Public  Health  Law,  The — continued, 
local  boards  of  health  : 

local  boards  in  cities    213 

how  constituted   213 

to  be  appointed  by  common  council   213 

terms  of  office  of  members   213 

vacancies  in  office,  how  filled  213,  214 

members  to  be  appointed  on  plumbing  board,  when.  .  236 

powers  and  duties  of  : 

to  employ  necessary  persons,  and  fix  their  compen- 
sation  215 

to  meet  at  stated  intervals   215 

to  prescribe  duties  of  health  officer   215 

to  prescribe  sanitary  regulations  215,  21 9 

to  publish  orders,  regulations,  etc   215 

to  impose  penalties  for  violation  of  orders   216 

in  connection  with  plumbing  board   237,  238,  241 

in  relation  to  burials  and  burial  permits  : 

to  designate  persons  to  grant  burial  permits . .  218 

regulations  for  burials  and  removal  of  corpses  218 
undertaker,  etc., to  procure  certificate  of  death, 

etc  •  •  •  218 

coroner  to  grant  certificate,  when   218 

caskets  to  be  sealed,  when   219 

in  relation  to  contagious  and  infectious  diseases  : 

to  guard  against  disease   215,  219 

isolation  of  afflicted  required,  when   219 

suitable  places  to  be  provided  for  afflicted   219 

report  of,  to  state  board,  by  local  board   219 

cases  of  consumption  to  be  reported  by  health 

officer   220 

board  to  provide  virus  for  pestilential,  etc., 

diseases  in  almshouses   220 

in  relation  to  manufactures,  etc.  : 

certain,  not  to  be  carried  on  in  dwellings,  etc  223 

notice  of,  by  family,  to  board   223 

permits  for  manufacture  in  dwellings,  etc   224 

special  inspectors   224 

—  not  to  receive  compensation  .  •  224 

duty  of  board  of  health  as  to  diseases  in  work- 
shops  '.   224 

in  relation  to  nuisances  : 

board  to  receive  and  examine  into  complaints 

for   220 

-may  abate   220,  221 

—  suppress  and  remove   221,  222 

—  sell  premises  to  satisfy  judgments,  etc        222,  223 


Index.  Ivii 

t,  _  PAGE. 

Public  Health  Law,  The — continued. 

expense  of  abatement  of  nuisances  by   222 

lien  of  judgment  for  expenses  of  abating  nui- 
sances  222 

owners,  etc.,  of  premises,  to  permit  examina- 
tion of  same   221 

removal  of,  and  expense  thereof   221 

action  to  recover  expenses  of   221 

notice  of  sale,  publication  and  service  of   222 

certificate  of  sale.   222 

possession  of  premises   222 

term  of  purchaser.  .......   222,  223 

redemption  of  premises   223 

in  relation  to  rules,  regulations,  etc.,  enforcement  of  : 
laws  relating  to  public  health  to  be  enforced  by  the 

police  and  appointees  of  board  ,  101,  215 

power  of  recorder  concerning   46 

board  may  prescribe   penalties  for  violations  of 

orders,  etc   216 

—  issue  subpoenas   215 

—  designate  members  to  sign,  etc.,  subpoenas.  . .  ,  215 

—  issue  warrants    216 

in  reiation  to  vital  statistics  : 

to  supervise  registration  of  births,  etc   217 

attending  physicians,  etc.,  to  certify   217 

fee  for  making  certificate   217 

cost  of  registration  a  charge  on  city   217 

board  to  fix  charge  for  copy  of  certificate   218 

copies  to  be  furnished  when  required   218 

town  and  village  boards  : 

no  jurisdiction  over  cities   224 

vaccination  of  school  children  : 

children  not  vaccinated  not  to  be  admitted  to  schools. .  2?5 

trustees,  etc.,  to  enforce  law   225 

local  boards  may  adopt  resolutions  relating  to   225 

notice  of  resolution  relating  to   225 

free  vaccination,  for  whom   226 

appointment  of  physicians  for   226 

certificates  of  vaccination  to  be  issued   226 

expense  of,  how  levied  and  collected   226 

women  and  minors : 

employment  of,  in  factories  and  mercantile  establish- 
ments  226  n 

Public  Improvement  Act,  The : 
commissioners  : 

appointment  and  terms  of  office  of   185 

to  constitute  "  the  public  improvement  commission  of 

the  city  of  Cohoes  "   185 


PAGE. 

Public  Improvement  Act,  The — continued. 

removal  of,  from,  and  vacancies  in  office  of   186 

to  serve  without  compensation   186 

official  oath  of,  to  be  filed  with  clerk   186 

office  rooms  to  be  provided  for   186 

quorum,  a  majority  of   186 

officers  and  employees  of  commission  : 

chairman,  selection  of   186 

—  to  execute  contracts  for  board   188 

clerk  of  city  to  be  clerk  of  commission   209 

—  compensation  for  service   209 

attorneys  may  be  employed .   188 

city  attorney  to  be  legal  adviser,  etc   209 

engineers  may  be  employed  ,   188 

city  engineer,  duties  of,  for  commission   209 

street  superintendent  to  perform  duties  required   209 

assessors,  duties  of,  under  this  act.   200,  201 

officers  not  to  be  interested  in  contracts   208,  209 

powers  of  commission  : 

to  lay  out,  etc.,  streets,  etc   186 

—  construct  sewers,  drains  and  basins   187 

—  construct  curbstones   187,  193 

—  pave  or  repave  and  grade  streets  187,  193 

—  enter  upon  lands,  etc   187 

—  appropriate  materials   .......  187 

—  advertise  for  proposals  for  contracts.  ...    187 

—  make  and  enter  into  contracts  187,  188 

—  adopt  rules  and  regulations     188 

—  employ  engineer,  attorney,  clerk,  etc   188 

—  appropriate  lands  and  property   188 

—  have  care,  etc.,  of  city  hall  building,  etc   188 

public  improvements,  proceedings  for  instituting  : 

general  plan  and  estimate  of  work  to  be  filed  in  office 

of  clerk   19» 

estimate  not  to  be  exceeded   199 

notice  of  hearing  to  persons  interested  to  be  published.  199 

—  to  precede  other  public  notices   199 

hearing  and  power  of  commission  thereon. . .  .,   199 

proceedings  may  be  discontinued   200 

laying  out,  altering,  widening,  etc.,  streets,  etc.  : 

notice  of  determination,  to  parties  interested   189 

contents  of  notice   189 

agreement  may  be  made  with  owners  of  lands  required,  189 
application  for  commissioners  to  appraise  damages  ...  189,  190 

power  of  court  over  proceedings    189,  190 

qualification  and  oath  of  commissioners.  ;   190 

notice  of  meetings   190 


Index.  ]jx 

T,            T  PAGE. 
1jublic  Improvement  Act,  The— continued. 

inability  of  commissioners  to  serve   190 

commissioners  to  view  premises   190 

award  of  damages   190 

removal  of  buildings  on  land  taken   190 

determination  of  commissioners  to  be  filed   191 

notice  of  presentation  of  their  report  to  be  given.  .....  191 

hearing  and  confirmation  or  annulment  of  report   ]9l 

proceedings  after  final  confirmation.    191 

payment  of  award  and  expenses  «. .  .  ]92 

compensation  of  commissioners   192 

expenses  of  commissioners  to  be  audited   192 

apportionment  of  expenses  of  improvement   192 

assessment  upon  lands  benefitted    192 

commission  to  inspect  parts  of  city  where  no  streets  ex- 
ist and  lay  out  streets,  etc   195 

maps  of  new  streets  to  be  made.   ...   ,   195 

width  of  newly  laid  out  streets   19(5 

paving,  grading,  etc.,  of  streets,  etc.  : 

paving,  etc.,  of  streets  authorized   193 

established  grades  not  to  be  changed  without  compensa- 
tion for  damages                                  ,   19d 

curbstones,  expense  of  constructing,  how  paid   193 

commission  may  not  pave  until  sewers  and  mains  exist 

in  streets   ^9^ 

exception  as  to  paving  before  sewers,  etc.,  exist   197 

expense  of  paving,  etc.,  how  paid   193,  194 

special  assessment  and  certificate  of  expense,  etc   194 

ordinances  requiring  sewer  connections  to  be  enacted.  .  196,  197 

provision  for  the  enforcement  of  ordinances   197 

sewer  and  water  mains  to  be  laid  before  paving   197 

lateral    connections  with  sewers  to  be  made  before 

Paving..  „   197 

notice  to  gas  companies  of  intention  to  pave   198 

removal  of  pavement,  without  permission,  prohibited  .  .  198 

restoration  to  original  condition  required   198 

ordinances  providing  punishment  for  violation   198 

sewerage  and  drainage  : 

plan  of,  to  be  devised   195 

plan  to  be  shown  by  maps   195 

location,  etc.,  of  drains   195 

right  to  land  for  sewers,  etc.,  how  obtained   196 

damages  for  land  taken,  how  ascertained  and  assessed.  196 

lateral  connection  to  be  made  with  sewers   197 

expense  of  public  improvement  : 

limitation  of  expenses   004 


PAGE. 

Public  Improvement  Act,  The — continued, 
assessment  of  expenses  : 

certificate  to  be  issued  to  assessors   200 

assessors  to  make  special  assessment  and  certificate.  .  .  200 

notice  of  review  of  assessment   201 

hearing  and  corrections  of  same   201 

delivery  of  certificate  to  common  council   201 

hearing  on,  and  confirmation  of  assessment  by  common 

,  council   201 . 

appeal  to  county  court  from  confirmation   202 

provisions    when    assessors    interested    in  property 

affected   202 

assessment  when  finally  confirmed,  to  be  filed   202 

warrant  for  collection  of  assessment   202 

when  assessment  not  to  be  held  invalid   202 

modification  of  assessment   203 

vacation  or  reduction  thereof   203 

objections  to  be  filed  within  ten  days  after  letting  of 

contract  *   204 

public  improvement  bonds  : 

issue  of  bonds  for  public  improvements   204 

bonds  when  payable   205 

sale  of  bonds   205 

advances  by  chamberlain  for  expenditures   205 

tax  for  principal  and  interest   206 

reassessment  for  deficiencies   206 

issue  of  new  bonds   206 

time  of  payment  of  assessment  and  percentage  for  non- 
payment stated    207 

option  to  pay  assessment  in  installments   20? 

issue  of  certificates  for  unpaid  assessments   207,  208 

payment  of  certificates   208 

proceeds  of  sale  of  bonds  and  certificates,  how  applied.  208 

verification  of  bills  required  and  prescribed   208 

miscellaneous  provisions  : 

collection  and  payment  of  assessments,  how  enforced.  .  210 
common  council  not  to  make  improvements  except  upon 
plans  and  specifications  of  public  improvement 

commission   210 

terms  used  in  act,  defined   193 

repeal     210 

Public  Officers  Law,  The  : 

definitions  : 

of  terms  used  ;  state  officer,  local  officer,  etc   261 

deputies  : 

not  to  be  appointed  under  special  law   262 

appointment  of . ;   262 


Index.  lxi 

PAGE. 

Public  Officers  Law,  The — continued. 

number  of   262 

powers  and  duties  of   262 

which  to  be  senior   263 

oaths,  official  : 

every  officer  to  take  and  file   263 

how  administered   263 

where  filed   263 

(See  also,  '  official  undertakings.') 
office  : 

qualifications  for  holding   261 

commencement  of  term  of . . .   262 

holding  over  after  expiration  of  term  of   262 

effect  of  revision  on  term  of   266,  267 

public  officers  : 

powers  and  duties  of,  with  regard  to  business  on- holi- 
days  271 

payment  of  public  expenses   271 

provisions  of  law  applicable  to  271n,272  n 

duties  of,  under  civil  service  law   275 

undertakings,  official  : 

effect  of,  when  required   264 

by  whom  approved  „   264 

amount  of,  how  determined.   264 

to  be  executed  by  at  least  two  sureties   264 

effect  of  failure  to  execute   265 

officials  not  to  act,  as  to  money,  etc.,  until  bond  filed.  .  265 

sureties  on,  liable  for  acts  of  principal  before  giving.  .  .  265 

duration  of  suretyship  on   265 

effect  of  renewal   .   266 

notice  of  neglect  to  file  oath  of,  to  be  given   266 

acts  performed  before  filing,  validity  of.   267 

vacancies  : 

how  created   268 

by  resignation,  how  effected   269 

—  to  be  in  writing   269 

—  when  to  take  effect   269 

—  what  a  sufficient  delivery.   269 

notice  of  existence  of   270 

—  upon  death,  etc.,  of  incumbent   270 

—  to  whom  given   270 

terms  of  officers  chosen  to  fill   270 

Quorum  : 

of  common  council. ..   12 

—  board  of  education   72 

—  board  of  police  commissioners   9Q 

—  board  of  fire  commissioners   121 

—  of  public  improvement  commission   186 


Ixii 


Index. 


PAGE. 

Racing : 

prohibited   16 

Railings  : 

repair'  of   22 

Railroad  Companies: 

to  build  sidewalks,  etc                                                  18,  160,  161 

to  pa)'  expenses  of  paving,  etc  '.   152,  153 

Real  Estate.    (See  '  property.') 

Recorder : 

court  room  to  be  provided  for.   23 

appointment  of   39 

official  title  of   39 

qualifications  of   39,  40 

hours  of  attendance  of   40 

docket  of   40 

oath  of   40,  63 

acting  recorder,  appointment  of   41 

compensation  and  powers  of   41 

manner  of  signing  process   41 

fees  in  proceedings  before   41,  42 

powers  and  duties  of  : 

to  keep  account  of  fines,  etc   40 

to  administer  oaths,  etc   42 

to  have  powers  of  justice  of  peace   42 

to  receive  certain  fees   42 

to  issue  process,  etc   42,  43 

in  general   42-45 

to  have  powers  of  county  judge   42 

to  punish  disorderly  conduct,  etc   43 

■    powers  and  duties  under  general  statutes  : 

to  impose  sentence   44 

to  adjourn  cases   45 

to  admit  to  bail   45 

to  commit  felons   45 

to  file  commitment   45 

to  try  violations  of  city  ordinances     46 

to  approve  the  bonds  of  auctioneers   44  n 

to  call  for  aid  of  National  Guard  in  case  of  riots   44  n 

to  solemnize  marriages     44  n 

to  summon  witnesses  before  committee  of  common 

council   44  n 

has  jurisdiction  in  controversies  between  master  and 

servant   44  n 

in  applications  for  discovery  of  property  of  decedents  .  "         44  n 

in  contested  election  cases   44  n 

in  summary  proceedings   44  n 

term  '  judge  '  includes  recorder   44  n 


Index.  Ixiii 

Recorder— continued.  page. 

process  issued  by,  to  be  served  by  police   47 

removal  from  office,  how  effected   47 

salary  and  term  of  office  of   47 

vacancies  in  office  of   4.7 

bondof   68,  69 

not  disqualified  by  residence   j7q 

Records  or  Journals : 

to  be  evidence   •,.  ^ 

(See  also,  1  books.') 

Redemption : 

of  lands  sold  for  taxes   2go 


quarterly,  of  captain  of  police 
Resignations : 

to  be  how  made  and  filed.   

of  policemen  

Resolutions.  (See  'ordinances.') 
Rewards.: 

may  be  retained,  when  

Riding.    (See  '  ordinances  passed  by  the  common  council. 


22:> 


—  for  judgments 

Refuse.    (See   'ordinances  passed  by   the  common  council 

also  of  the  '  board  of  health.') 
Registration  of  Plumbers.    (See  general  city  law.  ) 
Registration  of  Voters: 

polling  places  to  be  place  for.  .  . 
Registry,  Board  of: 

place  of  meetings  

time  of  meetings  to  be  published   

Removals : 

power  of.     (See  '  civil  service  law. ') 
Reports : 

annual,  of  mayor  

—  of  chamberlain  

—  of  board  of  education  

—  of  president  of  board  of  education..  

—  of  captain  of  police   ^00 

—  of  board  of  police  commissioners.   2q:j 

—  of  water  commissioners  

—  of  fire  commissioners.  ..... 

monthly,  of  street  superintendent 

—  of  overseer  of  the  poor  


117 
126 
57 


100 

68 
106 


102 


lxiv 


Index. 


PAGE. 


Riots  : 

to  be  suppressed  by  the  mayor   

powers  of  certain  officers  in  case  of  29  n, 

duty  of  police  board  as  to  

Roundsmen : 

appointment  of    

Rubbish.    (See  'ordinances  passed  by  the  common  council.') 

Rules.    (See  'ordinances.') 

Rules,  Regulations,  etc. : 
authorized  to  be  made  : 

by  the  common  council  

—  board  of  education   

—  board  of  fire  commissioners  

—  board  of  health  

—  board  of  police  commissioners   

—  board  of  water  commissioners  

—  public  improvement  commission ...  

(See  also,  'civil  service  law.') 

of  the  common  council  

of  the  tioard  of  education  

of  the  board  of  fire  commissioners  367 

alarms  : 

duty  of  companies  upon  sounding  of  

general,  of  what  to  consist  .-. 

directions  concerning  • 

apparatus,  riding  on  ■ 

employees  : 

suspension  of,  for  intoxication  

punishment  of,  for  disorderly  conduct  

not,  while  on  duty,  to  enter  where  liquor  is  sold.  . 

to  take  share  of  watch  and  other  duties  

to  pay  debts  .   

engineers  

chief  •  • 

assistant  

fire  limits    

fire  alarm  boxes  

fire  marshal    

meetings  of  board  

smoking  in  stables,  prohibited,  

of  the  board  of  health   375 

amendments  of  ,  

burial  permits  

committees  

appointment  of  

duties  of  v 


28 

36  n 
105 


368, 
367, 


13 

77 
112 
215 

91 
109 
188 

357  n 
357  n 
372 

371 
372 
372 
370 

370 
370 
370 
371 
371 
369 
371 
370 
373 
374 
359 
367 
371 
-380 
380 
380 
37t> 
377 
377 


Index.  Ixv 

i»  PAGE. 
Rules,  Regulations,  Etc. — continued. 

complaints  and  hearings.   378 

election  and  appointments  to  office   376 

expenses  to  be  authorized   378 

health  officer,  duties  of   378,  379 

—  hours  of   378 

inspectors,  duties  of   379 

meetings,  regular  and  special   375 

order  of  business  .  _  375 

records,  to  be  open    380 

secretary,  duties  of   380 

of  the  board  of  plumbers  and  plumbing   381,  395 

connections  with  lateral   386 

—  with  lead  and  iron  pipe   386 

—  to  iron  pipe   386 

drainage,  cellar  and  sub-soil  '.   ...  389 

—  yard-   389 

drains     3g3 

—  private     394 

examinations  of  plumbers   381  382 

fittings   '385 

flush  pipe   388 

inspector  of  plumbing,  duties  of   394 

—  notice  to   392)  393 

licenses,  revocation  of   395 

materials   382 

materials  and  work   393 

penalty  for  violation  of  391  392 

personal  registration  of  plumbers   382 

pipe,  quality  and  size  of   384  385 

—  manner  of  putting  in   385 

~7vent   394 

pipes  and  traps  exposed   382  383 

plans  and  specifications  '  ,   382 

privies   392 

privy  vaults   389)  390 

school  sinks   389)  390 

sewer  connection   383 

—  between  house  and  street  sewers.  ...    393 

sewers,  repairing  and  laying  of   .    394 

steam  exhaust    389 

traPs  ..   384 

—  location  of   3gg 

—  separate   3gg 

-vent   387 

urinals     392 

ventilation   00^ 


lxvi  Index. 


PAGE. 

Rules,  Regulations,  Etc. — continued. 

waste,  safe   388 

—  refrigerator   388 

water  closets  in  houses   388 

—  in  yards   392 

—  kind  and  construction  of   391 

—  tanks,  regulation  as  to    388 

—  traps,  how  used   394 

of  the  board  of  police  commissioners   .  357-360 

appointments,  to  office   359 

— ;  applications  for   359,  360 

charges  against  members.   360 

committees    358 

meetings  of  board   357,  359 

—  time  of  holding   359 

—  order  of  business  at   357,  357 

—  special   359 

president  of  board,  powers  and  duties  of   .  357,  358,  359 

secretary  of  board,  duties  of.   359 

of  the  board  of  water  commissioners   361-366 

access  to  buildings,  etc.,  supplied  by  water.   365 

—  penalty  for  refusing   365 

damages  from  neglect  of  owners   365 

making  of  connections  with  mains,  etc.,  regulated   364 

quantity  of  water  allowed  users   365 

—  penalty  of  exceeding    365 

water,  supply  of  regulated   365 

—  limited  to  owners  of  premises   366 

water  rates   361-364 

—  maybe  changed  \   366 

—  how  payable   366 

Runners,  Hackmen,  etc.  : 

to  be  regulated   15 

Salaries : 

of  city  officers,  when  paid   61,  109 


Sand.    (See  '  ordinances  passed  by  the  common  council.') 
Sanitary  Ordinances.    (See  'ordinances  of  the  board  of 


health.') 

Scales.    (See  'weights  and  measures.') 
School  Commissioners : 

removal  of,  for  cause   71 

term  of  office,  powers,  duties  and  compensation  of   71,    87,  89 

to  visit  schools    86 


Index.  lxvii 

_  __      ,  .  PAGE. 

School  houses: 

hiring  and  building  of.   82 

purchase  of  sites  for   33 

rent  and  repairs  of   33 

sale  of,  and  other  school  property   84,  85 

School  libraries : 

board  of  education  to  have  custody  of   84,  85 

School  moneys : 

annual  estimate  of    79 

how  apportioned,  drawn  and  used                           97,    81,  81,  87 

power  of  common  council  in  regard  to.   80 

not  to  be  transferred  from  specific  fund .   83 

—  borrowed  or  transferred  by  city,  etc   87 

penalties  for  violating  ordinances  of  board  to  be   65,  86 

proceeds  of  sales  of  school  property  to  be  , .  .  .  85 

amount  of,  to  be  reported   86 

to  be  deposited  with  chamberlain   87 

for  special  purposes,  how  raised  and  disposed  of   88 

from  state,  how  distributed   88 

School  property  : 

protection  of,  to  be  provided  for   83 

title  to,  to  be  vested  in  the  city  „   84,  85 

not  to  be  taxed,  etc   85 

to  be  sold  by  common  council,  when   85 

Schools : 

10  be  under  management,  etc.,  of  board  of  education   70 

board  of  education  to  organize   83 

—  to  manage  and  control   70 

tuition  of  pupils  of,  free   jsQ 

attendance  at,  to  be  reported   86 

moneys  set  apart  for,  to  be  reported   86 

evening,  to  be  considered  districts   88 

Arbor  day  to  be  observed  in   89  n 

compulsory  education,  etc.,  in   89  n 


vaccination  of  children  in  (See  '  public  health  law.') 
superintendent  of    (See  '  superintendent  of  schools.') 


teachers  of    (See  '  teachers.') 
Seal  : 

city  may  adopt  and  use   g 

Sealer  of  weights  and  measures : 

appointment  of   26 

duties  and  compensation  of   61  62 

general  statutes  relating  to   62  n 


(See  also,  '  ordinances  passed  by  the  common  council.') 


218 


Ixviii  Index. 

PAGE. 

Sewers : 

location  and  construction  of    21,  162,  163,  164 

resolution  of  intention  to  construct   163 

cost  and  expense  of  constructing   163 

objections  to  construction,  how  presented,  etc   163 

duty  of  assessors  in  reference  to   164 

petition  for  construction  of  •  164 

main  sewers,  construction  of  164,  165 

right  to  use  private  lands,  how  acquired     165 

cleaning  of,  how  paid  for    165 

(See  also,  4  sewerage  and  drainage;'  '  public  improvement 
act;  '  '  ordinances  passed  by  the  common  council  '  and 
'ordinances  of  the  board  of  health.') 
Sextons  : 

duties  of,  in  reference  to  dead  

Sheep.    (See  '  cattle.') 
Shows.    (See  '  exhibitions.') 
Sidewalks: 

construction  of   1^8 

—  by  corporations   18,  160,  161 

contents  of  resolution  of  common  council  directing  con- 
struction of   1^8 

removal  of  snow,  ice  and  dirt  from   1' 

obstruction  of,  to  be  prevented   17,  25 

common  council  to  construct,  when   159 

assessment  for  expense  of  construction  of, by  common  coun- 
cil    

(See  also,  '  ordinances  passed  by  the  common  council  '  and 
'  ordinances  of  the  board  of  health.') 
Sinking  fund: 

payments  to,  and  control  of   H3 

to  be  maintained  for  payment  of  loans  for  water  purposes.  .  113 

Skating  rinks: 

to  be  licensed,  etc   1^ 

Slaughter  houses : 

location  of,  to  be  directed.   21 

(See  also,   'ordinances  passed  by  the  common  council  '  and 
'ordinances  of  the  board  of  health.') 
Smallpox : 

all  cases  of,  to  be  reported   219 

Snow  : 

and  ice  to  be  removed  from  sidewalks,  etc   1  * 

(See  also,  4  ordinances  passed  by  the  common  council.') 
Special  elections.    (See  '  elections.  ) 


159 


Index.  Ixix 

o        .    .  PAGE. 

Special  meetings : 

of  common  council   21 

—  inhabitants   24 

— ■  board  of  education   70 

—  board  of  health   375 

—  taxpayers              .'   231 

Stage  drivers : 

regulation  of   25 

Stages : 

to  be  licensed   25 

Stairs : 

construction  of,  regulated   29 

Station  houses  : 

care  of,  devolved  upon  public  improvement  commission   13  n 

common  council  to  provide  „   23  91 

keeper  of,  appointment  of   97  93 

—  to  be  jailer   95 

Statutes  : 

city  may  take  and  hold  land  for  the  erection  of   6 

Steamer  companies : 

establishment  and  equipment  of   122 

Stoop  line  : 

to  be  fixed  by  common  council   25 

Stoops : 

construction  of,  to  be  regulated   19 

Streets : 

common  council  to  survey,  etc.                                       26  17  147 

—  to  alter  names,  etc.,  of   27 

—  to  compel  removal  of  dirt,  snow  and  ice  from  .  .   17 

—  to  prevent  obstructions,  etc.,  of   27 

—  to  prevent  deposits  in   28 

—  to  prohibit  projections  over   29 

—  to  be  commissioners  of  highways   246 

—  to  cause  certain,  to  be  recorded   247 

—  to  lay  out,  make  and  open   247 

—  to  cause  to  be  repaired  and  cleaned   147t  161  162 

improvements  of   247'  151 

(See  also,  'public  improvement  act  ') 

—  duty  of  engineer  and  surveyor  as  to   55  5^ 

—  duty  of  superintendent  of,  as  to   55 

—  proceedings  of  the  common  council  in  reference  to. .  148,  151,  152 

—  assessments  for   252  153 

record  of,  to  be  kept   '  55 

employment  of  laborers  on   57 


lxx  Index. 

PAGE. 

Streets — continued. 

what,  declared  public  highways    146,  147 

extension,  widening,  etc   147,  189-196 

grading  of   152 

—  change  of  grade,  how  made   155 

paving  of.    (See  '  paving,'  also  'public  improvement  act,' 
pp.  193,  198.) 

superintendent,   etc  ,  of.    (See  '  superintendent  of  streets 

and  public  grounds.') 

width  of  newly  laid  out  147,  196 

hospital  land  may  be  reserved  for   300,  301 

(See  also,  '  public  improvement  act,'  'ordinances  passed  by 

the  common  council  '  and  '  ordinances  of  the  board  of 

health.') 

Study : 

grades  of,  in  schools,  how  determined   76 

Suits : 

city  may  maintain  and  defend  against   6 

Sunday.    (See  '  ordinances  passed  by  the  common  council.') 
Superintendent  of  schools : 

appointment  of   75 

eligibility  of,  to  office   76 

term  of  office  of   75 

salary  of   ' 0 

powers  and  duties  of   76,  77,  78,    79,  80 

powers,  etc.,  as  to  teachers   77 

recommendations  of   76,  77 

vacancy  in  office  of,  how  filled   75 

removal  of,  from  office   76 

Superintendent  of  streets  and  public  grounds: 

appointment  of   26 

general  powers  and  duties  of   ,   56-57,  209 

bond  of   ®$ 

Superintendent  of  water  works  : 

appointment,  removal  and  salary  of   113 

to  give  security   113 

duties  of   113,  116 

Supernumeraries.    (See  '  police  force.') 

Supervisors : 

designated  ward  officers   6 

election  of   6,    10,  37 

as  to  transaction  of  county  business   37 

term  of  office  and  compensation  of   37,  37 

powers  and  duties  of  : 

in  general   37.  3t 


Index.  ]xxi 

c  .        ,  PAGE. 

Supervisors— continued. 

in  regard  to  jurors   igg 

—  to  bonds  of  chamberlain   49 

—  to  assessments   143 

as  fence  viewers   37  jgg 

to  audit  accounts  of  certain  officers   59 

to  raise  tax  for  police  purposes   103 

(See  also,  '  general  city  law.') 

Supplies : 

to  be  furnished  boards,  officers,  etc   03 

Surgeon  of  police  : 

appointment  of  

salary  of   102  u 

Surveyor.    (See  'engineer  and  surveyor.') 

Swine.    (See  «  ordinances  passed  by  the  common  council.') 

Taxes  : 

how  ordered   12 

to  be  imposed  upon  dogs   15 

common  council  to  issue  warrants  for   24 

to  be  raised  by  chamberlain   45 

how  levied   13Q 

amount  of,  to  be  raised  annually  81   124  130 

—  to  be  levied  to  pay  public  improvement  bonds   20  6 

—  to  pay  municipal  bonds.                                                252  253 

—  to  pay  hospital  certificates  of  indebtedness   299 

additional,  authorized  by  taxpayers,  amount  limited   131 

corporations  and  farm  lands,  how  taxed  130  131 

and  assessments  for  local  improvements                 143,  151,  152,  153 

collection  of  unpaid  : 

notice  to  be  given  by  chamberlain            135,  143,  144,  175,  178 

chamberlain's  further  duties.  .  132,  134,  135,  136,  137,  145^  169 

fees  to  be  added  to  135^  136>  144'  145 

constable's  duties  in  regard  to                            38,  136,  145,  178 

supervisor's  duties  in  regard  to  state  and  county   143 

may  be  added  to  those  of  succeeding  year.   137 

a  lien  for  ten  years  after  first  notice   138 

stay  of  proceedings  no  part  of  time  limited   138 

superiority  of  lien  of   138 

action  to  foreclose  lien  of  i3g  179 

procedure  in  action  to  foreclose,  parties,  costs,  etc.  139,  180,  181 

sale  of  lands  for  unpaid  taxes                  140,  141,  146,  181,  182 

payment  of,  before  judgment  or  final  sale  141,  182 

redemption  from  by  holder  of  prior  lien   141 

publication  of  statement  of  unpaid  taxes  141,  178 

civil  action  to  collect    142 

collection  of,  for  local  improvements   152 


Ixxii  Index. 


PAGE. 

Taxes  -  continued. 

proceedings,  when  city  holds  certificates  of  sale  for.  .  142 
account  of  state  and  county,  unpaid  to  be  given  county 

treasurer                                                         . .  145 

act  for  collection  of  unpaid  state  and  county   174-183 

due  city  at  passage  of  charter  act   169 

redemption  of  lands  sold  for   182 

title  of  purchaser  of  lands  sold  for   182 

re -assessment  of  void  tax  or  assessment   142,  143 

levy  of,  amount  of  expenditures  by  plumbing  board  to  be  in- 
serted in   241,  242 

payment  of,  by  agents  of  foreign  fire  insurance  companies. .  130 
(See  also,  '  assessments  ') 
Tax-roll.    (See  'assessment-roll.') 
Teachers : 

to  be  examined   76,  "77 

to  be  employed,  etc.,  by  board  of  education   83 

selection  of,  etc   77 

eligibility  of,  for  employment   78 

list  of  those  eligible  for  appointment  to  be  kept   78 

superintendent  to  appoint,  when   78 

certificate  of  employment  of,  issuing  and  annulment  of   79 

Tie: 

at  annual  election  .   10 

Time  table.    (See  'municipal  time  table.') 
Trees : 

planting  of,  along  streets,  etc.,  regulated   21 

(See  also,  'ordinances  passed  by  the  common  council.') 

Turnpike  companies.    (See  'corporations.') 

Undertakers  : 

duties  of,  under  health  law  218,  351 

Unwholesome  matter.    (See  1  ordinances   passed   by  the 

common  council.') 
Vacancies  in  office: 

how  filled   63,  64 

(See  also,  '  public  officers'  law.') 
Vaccination.    (See  '  public  health  law.') 
Vagrants : 

punishment  of   14,  101 

Vegetables.    (  See  '  ordinances  passed  by  the  common  coun- 
cil '  and  *  ordinances  of  the  board  of  health.') 
Vehicles.    (See  '  ordinances  passed  by  the  common  council.') 
Ventilation.    (See  '  ordinances  of  the  board  of  health.') 


Index.  lxxiii 

w  d  PAGE. 

Veto : 

power  of,  held  by  the  mayor   29,  30 

—  not  held  by  mayor  pro  tern.,  when   12 

Vital  Statistics.    (See  'public  health  law.') 

Votes  : 

time  and  manner  of  casting-    8,  9 

canvass  of   9 

Voting : 

qualifications  for,  at  elections. ...   8 

manner  of,  at  elections   8,  9 

who  may  vote  in  common  council   12 

Wagons.    (See  4  vehicles.') 

Walls.    (See  '  buildings  '  also  '  fences.') 

Wards  : 

boundaries  of  •  2-6  16 

officers  of  ; .    g 

redistricting  of,  into  election  districts   7 

alteration,  etc.,  of   7  n 

regarded  as  towns,  when   169 

Warrants : 

to  be  issued  by  common  council                                     24,  152,  167 

for  work  done  on  streets   57 

of  appointment   99 

may  be  served  by  police   101 

for  water  rents   218 

issued  for  unpaid  taxes   136 

annexed  to  assessment-roll   159 

how  drawn  and  signed   167 

issued  by  board  of  health   216 

Water : 

city  to  be  supplied  with   109 

supply  may  be  obtained  from  Cohoes  Company   Ill 

may  not  be  allowed  to  run  to  waste   Ill  H2 

permits  for  use  of,  to  factories,  etc   114 

no  charge  for,  for  extinguishing  fires   115 

expense  of  laying  pipes  for,  how  defrayed   116 

rules  for  the  use  of,  how  published   116,  117 


(See  also,  '  ordinances  passed  by  the  common  council'  and 
'  ordinances  of  the  board  of  health.') 
Water  Closets.    (See  'ordinances  of  the  board  of  health.') 


Water  commissioners,  Board  of  : 

organization  of   10g 

president  of,  election  of   108 

appointment  of  commissioners   109 

members  to  serve  without  compensation   109 


lxxiv 


Index. 


PAGE. 

Water  commissioners,  Board  of — continued. 

mayor  to  be  one  of  the   31,  108 

to  be  personally  liable,  when   117 

guilty  of  misdemeanor,  when   117,  119 

not  to  be  interested  in  contracts   119 

secretary  of,  election  and  salary  of   109 

term  of  office  of  commissioners   109 

vacancies,  from  what  cause  and  how  filled   109 

powers  and  duties  of  : 

to  appoint  and  remove  superintendent  of  water  works.  .  113 

to  audit  claims                                                      .  .   .  113 

to  prepare  assessment-roll,  how  and  when   118 

to  advertise  for  bids  for  work  and  materials.   110 

to  contract  with  Cohoes  Company  for  water   Ill 

to  contract  debts,  limited   116 

to  employ  engineers,  surveyors,  etc   109 

to  regulate  expenses  of  board,  how    116 

to  extend  water  works,  limited   109 

to  provide  funds  for  payment  of  bonds   117 

to  hear  grievances  ,   115 

to  furnish  and  place  hydrants     109 

to  acquire  lands  by  condemnation.  .   110 

to  purchase  lands  in  name  of  city   110 

to  place  water  meters   114,  115 

to  grant  permits  for  use  of  water   114,  116 

to  keep  record  of  its  proceedings,  etc   Ill 

to  report  to  common  council,  when   Ill,  117 

to  make  rules  for  protection  of  works,  etc   112 

to  make  rules  for  government  of  board   109 

to  establish  scale  of  rents   114 

to  maintain  sinking  fund    113 

to  use  soil  under  streets,  etc   110 

to  superintend,  water  works,  etc   Ill 

to  supply  city  with  water   109 

to  examine  as  to  manner  of  using  water   114 

to  issue  warrants  for  collection  of  rents   118 

to  inspect  water  supply   119  n 

Water  rents: 

establishment  of  scale  of   114 

grievances  against,  hearing  of   115 

scale  of,  how  regulated   116 

amount  of,  to  be  reported   117 

assessment  of   118 

proceedings  for  the  collection  of   118,  119 


Index.  ]xxv 

Water  works  :  1  AGE' 

extension  of,  limited   109,  HO,  110,  1J7 

damages  to,  how  punished.   112 

superintendent  of  „  

amount  expended  for  extending,  etc.,  to  be  reported   118 

Weighers  and  weighing  places  : 

to  be  appointed  and  designated  by  the  common  council   20 

Weights.    (  See  '  measures  '  ;  also,  '  ordinances  passed  by  the 
common  council.') 

Weights  and  measures  : 

regulated  by  the  common  council   24 

Whistles.    (See  '  ordinances  passed  by  the  common  council.') 

Witnesses  : 

common  council  may  administer  oaths  to   27 

accommodation  of  ,   ^ 

board  of  fire  commissioners  may  administer  oaths  and  com- 
pel attendance  of   ^7 

(See  also,  '  general  city  law.') 
Women  : 

employment  of,  in  mercantile  establishments   .   226  n 

definition  of.  (See  '  general  city  law.') 
detention  of.    (See  'general  city  law.') 


